Enterprise Bill [HL]

Explanatory Notes

Annex A – Territorial extent and application

Provision

England

Wales

Scotland

Northern Ireland

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Is the matter devolved in Wales?

Extends and applies to Scotland?

Is the matter devolved in Scotland?

Extends and applies to Northern Ireland?

Is the matter devolved in Northern Ireland?

Clauses 1-19

Yes

Yes

N/A

Yes

N/A

Yes

N/A

Clauses 20-21

Yes

No

Yes

No

Yes

No

Yes

Clauses 22-23

Yes

Yes

N/A

Yes

N/A

Yes

N/A

Clause 24

Yes

Yes

No

No

No

No

Yes

Clause 25

Yes

Yes*

Yes

No

Yes

No

Yes

Clause 26

Yes

No

Yes

No

Yes

No

Yes

Clauses 27-32

Yes

Yes

N/A

Yes

N/A

Yes

N/A

Clauses 33-34

Yes

Yes

No

No

Yes

No

Yes

Clause 35-40

Yes

Yes

N/A

Yes

N/A

Yes

N/A

Schedule 1

Yes

Yes

N/A

Yes**

N/A

Yes

N/A

Schedules 2-4

Yes

Yes

N/A

Yes

N/A

Yes

N/A

* The Welsh Government has asked that this clause applies in Wales and confirmed that there would be support for an LCM

** Except paragraphs 1 and 15

Subject matter and legislative competence of devolved administrations

Part 4: Apprenticeships

323 Clause 20 provides the Secretary of State with a power to set targets for public bodies in relation to the number of apprentices who work for them. The provision extends to England and Wales but applies to England only.

324 Clause 21 prohibits a person, acting in the course of business, from providing or offering a course or training as an apprenticeship in England unless it is a statutory apprenticeship. The provision extends to England and Wales but applies to England only.

Part 5: Late Payment of Insurance

325 Insurance law falls within the reserved matter of financial services as respects Scotland (A3 of Schedule 5 to the Scotland Act 1998), Wales (paragraph 4 of Part 1 of Schedule 7 to the Government of Wales Act 2006) and Northern Ireland (paragraph 23 of Schedule 3 to the Northern Ireland Act 1998). Clause 24 concerns the limitation periods for a claim for late payment of insurance monies, and amends the Limitation Act 1980 as regards such claims. The Limitation Act 1980 only applies in England & Wales, and amendments to it are reserved to Westminster. Scotland and Northern Ireland each have their own limitation enactments.

326 Limitation is generally a devolved matter in Scotland but, because of sections 29(2)(b) and 29(4) of the Scotland Act 1998, any provision about limitation relating only to insurance law, a reserved matter, does not fall within the legislative competence of the Scottish Parliament. An amendment to the limitation/prescription period in Scotland (under the Prescription and Limitation (Scotland) Act 1973) is not proposed.

327 Limitation is a transferred matter in Northern Ireland. In this instance, any amendment to the Limitation (Northern Ireland) Order 1989 would have the potential to affect the transferred matter "other than incidentally" and it is therefore a matter on which the Northern Ireland Assembly would have competence. An amendment to the limitation period in Northern Ireland (under the Limitation (Northern Ireland) Order 1989) is not proposed.

Part 6: Non- Domestic Rating (commonly known as Business Rates)

328 Business rates policy is devolved to Wales (see para 12 of Part 1 of Schedule 7 to the Government of Wales Act 2006), Northern Ireland and Scotland. The Welsh Government wishes to extend the application of clause 25 to Wales and will support an LCM, therefore this measure will apply to England and Wales. Under clause 26 existing provision in section 55 to the Local Government Finance Act 1988 will be amended, in respect of England, to include new enabling powers allowing the Secretary of State for Communities and Local Government to make regulations in respect of the new business rates appeals system. Section 55 will continue to apply to Wales.

329 The provisions in clauses 25 and 26 do not extend or apply in relation to Scotland and Northern Ireland as the Valuation Office Agency does not perform local taxation valuations for them. In Scotland assessment of values for business rates and council tax purposes is done by Assessors appointed by Scottish Local Authorities. Whilst similar to the English process, the actors involved in the process of appeals are also different; business rates appeals in Scotland are dealt with by the Valuation Appeal Committee. In light of this, the corresponding provision in Scotland would be information sharing provisions between the local authority assessors, the Valuation Appeal Committee and Scottish Ministers - all of which would be within devolved competence. In Northern Ireland valuations are carried out by Land and Property Services and appeals are to the Commissioner for Valuation and then to the Northern Ireland Valuation Tribunal. As such here the corresponding provision would be information sharing provisions between Land and Property Services, the Commissioner for Valuation and Northern Ireland Ministers - all of which would be within devolved competence. Valuations in Wales are carried out by the Valuation Office Agency, however, since business rates is a devolved matter different requirements could apply in line with Welsh policy on business rates. Appeals in Wales are considered by the Valuation Tribunal for Wales. As such, corresponding provision in Wales would be provision for sharing information between the Valuation Office Agency, Valuation Tribunal for Wales and Welsh Ministers. Even though business rates are devolved, this corresponding provision would not be within devolved competence for the purposes of Standing Orders Nos. 83J to 83X of the Standing Orders of the House of Commons relating to Public Business. That is because of the effect of section 18(4)(e)(ia) of the Commissioners for Revenue and Customs Act 2005 in relation to information held by the Valuation Office Agency, which is an agency of HMRC. Section 18(4)(e)(ia) would prevent the Welsh Assembly from making provision permitting disclosure of the relevant information. (However, for the reasons given above, corresponding provision is within devolved competence in Scotland and Northern Ireland, for the purposes of the Standing Orders.)

Part 7: Other Enterprise Related Provisions

330 Clause 33 makes provision in relation to Part 4 of the Small Business, Enterprise and Employment (SBEE) Act 2015 which requires the Secretary of State to introduce a statutory Pubs Code and Adjudicator. The clause relates to matters which should be included in the Pubs Code and should apply to tied tenants falling within scope of the SBEE Act. Part 4 of the SBEE Act only applies to England and Wales. Accordingly, the Pubs Code will have the same application. Therefore, although this clause currently extends to the United Kingdom, it will only ever apply to England and Wales.

331 Clause 34 also makes provision in relation to Part 4 of the SBEE Act. It relates to the Pubs Code Adjudicator who will be appointed under the SBEE Act to carry out the functions specified in that Act and the Pubs Code. The clause relates only to matters within Part 4 of the SBEE Act which only applies to England and Wales. Accordingly, whilst this clause extends to the United Kingdom, it will only apply to England and Wales.

332 The matters contained in Part 4 of the SBEE Act, dealing with a statutory Pubs Code and Pubs Code Adjudicator are within the legislative competence of the Scottish Parliament and the Northern Ireland Assembly.

 

Prepared 18th December 2015