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1

 

House of Commons

 
 

Wednesday 9 March 2016

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Enterprise Bill [Lords], As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the Order of the House [8 March 2016].

 


 

New Clauses and new Schedules relating to Sunday trading and working;

 

amendments to Part 7

 

Mr David Burrowes

 

Maria Caulfield

 

Caroline Ansell

 

William Wragg

 

Byron Davies

 

Martin Vickers

 

Derek Thomas

 

Mr Stewart Jackson

 

Mr Andrew Turner

 

Sir Gerald Howarth

 

Karl McCartney

 

Bob Blackman

 

Adam Holloway

 

Mr Gary Streeter

 

Mrs Anne-Marie Trevelyan

 

Mr David Jones

 

Nadine Dorries

 

Sir Roger Gale

 

Jeremy Lefroy

 

Fiona Bruce

 

Mr Christopher Chope

 

Jonathan Reynolds

 

Rob Flello

 

Barbara Keeley

 

Mr Gavin Shuker

 

John Mann

 

Mr David Hanson

 

Derek Twigg

 

Kate Hoey

 

Stephen Doughty

 

Jim Shannon

 

Rosie Cooper

 

Helen Goodman

 

Albert Owen

 

Stephen Timms

 

Mary Glindon


 
 

Consideration of Bill (Report Stage): 9 March 2016        

2

 

Enterprise Bill-[Lords], continued

 
 

Joan Ryan

 

Mr Ronnie Campbell

 

Catherine McKinnell

 

Ian C. Lucas

 

Mr Kevan Jones

 

Helen Jones

 

Christian Matheson

 

Mr Andrew Smith

 

Mr Clive Betts

 

Alex Cunningham

 

Yasmin Qureshi

 

Diana Johnson

 

Mark Pritchard

 

Liz Saville Roberts

 

David Simpson

 

Mr Jeffrey Donaldson

 

Ian Paisley

 

Mr David Lammy

 

Andrew Rosindell

 

Frank Field

 

Simon Danczuk

 

Mary Creagh

 

Heidi Allen

 

Mr Jim Cunningham

 

Mike Kane

 

Meg Hillier

 

Gavin Robinson

 

Mr Gregory Campbell

 

Mark Durkan

 

Ms Margaret Ritchie

 

John Pugh

 

Mr Nigel Dodds

 

Caroline Flint

 

Valerie Vaz

 

1

 

Clause  33,  page  50,  line  33,  leave out subsections (1) to (4).

 

Mrs Caroline Spelman

 

Robert Neill

 

Derek Thomas

 

Jeremy Lefroy

 

Sammy Wilson

 

 

19

 

Clause  33,  page  51,  leave out lines 3 to 13 and insert—

 

“2A(1)  

The Sunday trading authority for an area may publish a notice (a “consent

 

notice”) in accordance with this paragraph providing for large shops in tourist

 

zones (as defined in sub-paragraph (2)) in the authority’s area to be permitted

 

to do either or both of the following—

 

(a)    

to open on Sundays falling between 21 March and 1 October and on

 

the three Sundays before Christmas Day for a continuous period of

 

whatever number of hours is specified in the notice (in addition to the

 

continuous period of six hours mentioned in paragraph 2(3)),

 

(b)    

to open on Sundays falling between 21 March and 1 October and on

 

the three Sundays before Christmas Day at specified times beginning

 

earlier than, or ending later than, the times mentioned in paragraph

 

2(3).

 

      (2)  

A consent notice published by a Sunday trading authority may only apply in

 

relation to those parts of the authority’s area that is a “tourist zone” which is

 

defined as—

 

(a)    

a retail area where tourists from outside the United Kingdom are

 

responsible for a significant proportion of the retail sales, or

 

(b)    

a leisure and retail area, such as a coastal resort, which a significant

 

number of tourists from outside the local authority area visit

 

            

and in deciding what is significant in either case the local authority shall have

 

regard to guidance issued by the Secretary of State.”

 

Member’s explanatory statement

 

This amendment would allow the relaxation in Sunday opening hours for larger shops to apply

 

between Easter and the end of September and before Christmas to areas that attract significant

 

numbers of tourists, such as central London and coastal resorts.


 
 

Consideration of Bill (Report Stage): 9 March 2016        

3

 

Enterprise Bill-[Lords], continued

 
 

Secretary Sajid Javid

 

2

 

Clause  33,  page  51,  line  13,  at end insert “(for example, a particular zone, district

 

or street within the area)”

 

Member’s explanatory statement

 

This clarifying amendment provides examples of how a consent notice might relate to part only of

 

an authority’s area.

 


 

Secretary Sajid Javid

 

13

 

Schedule  5,  page  91,  line  25,  at end insert—

 

“7A      

In section 48 (complaints to employment tribunals), after subsection (1)

 

insert—

 

“(1YA)    

A shop worker may present a complaint to an employment tribunal

 

that he or she has been subjected to a detriment in contravention of

 

section 45ZA.””

 

Member’s explanatory statement

 

This amendment is consequential on new section 45ZA of the Employment Rights Act 1996

 

(inserted by paragraph 7 of Schedule 5 to the Bill) and ensures that a shop worker can present a

 

complaint to an employment tribunal in connection with a detriment suffered in contravention of

 

that section.

 

Secretary Sajid Javid

 

14

 

Schedule  5,  page  91,  line  46,  at end insert—

 

“8A      

In section 108 (qualifying period of employment), in subsection (3) after

 

paragraph (d) insert—

 

“(da)    

subsection (2) of section 101ZA applies (read with subsection

 

(3) of that section) or subsection (4) of that section applies,””

 

Member’s explanatory statement

 

This amendment is consequential on new section 101ZA of the Employment Rights Act 1996

 

(inserted by paragraph 8 of Schedule 5 to the Bill) and ensures that the two year qualifying period

 

of employment for unfair dismissal cases will not apply in relation to cases involving a refusal to

 

work additional hours on Sunday or the giving of an objection notice to working such hours.

 



 
 

Consideration of Bill (Report Stage): 9 March 2016        

4

 

Enterprise Bill-[Lords], continued

 
 

New Clauses and new Schedules relating to the Pubs Code Adjudicator

 

and the Pubs Code; amendments to Clauses 39 and 40; remaining

 

proceedings on Consideration

 

Greg Mulholland

 

Caroline Lucas

 

Rosie Cooper

 

NC10

 

To move the following Clause—

 

         

“Amendment to the Pubs Code: MRO tenancy

 

Pubs Code Regulations made under Part 4 of the Small Business, Enterprise and

 

Employment Act 2015 must substitute for draft Regulation 21(2) as set out in the

 

draft Regulations published by the Government on 4 December 2015 the

 

following—

 

“(2)    

The proposed MRO tenancy is for a period which is at least the remaining

 

term.””

 

Member’s explanatory statement

 

This new clause would require the MRO lease to cover the same length as the previous tied lease

 

and would prevent pub-owning companies from removing tenants on an MRO lease after five

 

years.

 

 


 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

Greg Mulholland

 

20

 

Clause  39,  page  55,  line  24,  after “insert”, insert “which takes place after 1 June

 

2016 or, according to the notice of assessment, is due to take place after that date,

 

irrespective of the date on which the notice of assessment was issued or received”

 

Member’s explanatory statement

 

This amendment would require that a market rent only option is offered to tied tenants for whom

 

the effective date of rent review or lease renewal, as stated in any notice of rent review or lease

 

renewal, falls after the date on which the Code comes into force.

 



 
 

Consideration of Bill (Report Stage): 9 March 2016        

5

 

Enterprise Bill-[Lords], continued

 
 

Ms Angela Eagle

 

Bill Esterson

 

Kevin Brennan

 

Chi Onwurah

 

Gordon Marsden

 

NC1

 

To move the following Clause—

 

         

“Alternative dispute resolution and the production of documents to assist the

 

process

 

(1)    

Where the Commissioner finds during his investigation into a complaint that

 

alternative dispute resolution is an appropriate remedy he may, by notice in

 

writing, require the concerned parties—

 

(a)    

to attend alternative dispute resolution,

 

(b)    

to produce any document described in the notice that is in the custody or

 

under the control of the party and that, in the opinion of the

 

Commissioner, would assist the resolution of the complaint or dispute.

 

(2)    

After receipt of a notice under subsection (1) a party must not—

 

(a)    

without reasonable excuse, refuse or fail to do anything required by the

 

Commissioner under subsection (1), or

 

(b)    

alter, suppress or destroy any document that the Commissioner has

 

required them by such a notice to produce.

 

(3)    

A government department or local authority is not required to provide

 

information under this section consisting of—

 

(a)    

tax records,

 

(b)    

personal information, or

 

(c)    

where it is in the overriding public interest not to disclose such

 

information.”

 

Member’s explanatory statement

 

This new clause would empower the Commissioner to compel the parties to a dispute to (a) attend

 

mediation, if the Commissioner determines that alternative dispute resolution is an appropriate

 

remedy to a complaint by a small business, and (b) produce documentation to assist the resolution

 

of a complaint or dispute.

 



 
 

Consideration of Bill (Report Stage): 9 March 2016        

6

 

Enterprise Bill-[Lords], continued

 
 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC2

 

To move the following Clause—

 

         

“Business Rates: plant and machinery

 

The Secretary of State shall make provision for a scheme of exclusion from any

 

assessment in the 2017 non-domestic rating list or thereafter of an item of plant

 

or machinery.”

 

Member’s explanatory statement

 

This new clause would empower the Secretary of State to exclude from future non-domestic rating

 

assessments certain items of plant or machinery.

 


 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC3

 

To move the following Clause—

 

         

“Business rate: Exemptions

 

Agricultural land and buildings used for cultural events and festivals are exempt

 

from business rates and the provisions outlined in sections 31 and 32.”

 


 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC5

 

To move the following Clause—

 

         

“Broadband: rollout

 

(1)    

The Secretary of State may by regulations set targets for electronic

 

communications bodies to roll out, to businesses and commercial organisations,

 

more than 95 per cent. coverage of—

 

(a)    

basic broadband,

 

(b)    

superfast broadband, and

 

(c)    

mobile phone coverage

 

by the end of 2016.


 
 

Consideration of Bill (Report Stage): 9 March 2016        

7

 

Enterprise Bill-[Lords], continued

 
 

(2)    

The Secretary of State must prepare and publish an annual report assessing the

 

progress that has been made on the targets provided for by subsection (1), and the

 

impact of basic broadband, superfast broadband and mobile coverage technology

 

on enterprise and growth in the rural economy.

 

(3)    

The report provided for in subsection (2) should be laid before both Houses of

 

Parliament.”

 

Member’s explanatory statement

 

This new clause would empower the Secretary of State to set and report on targets for the roll-out

 

of broadband to businesses and commercial organisations.

 


 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC6

 

To move the following Clause—

 

         

“The Board of the Institute for Apprenticeships

 

The Board of the Institute shall be broadly based, to take into account the

 

experience and contribution of all interested parties, which will include—

 

(a)    

employers,

 

(b)    

further education providers and colleges,

 

(c)    

universities,

 

(d)    

relevant trade unions and

 

(e)    

local authorities.”

 

Member’s explanatory statement

 

This new clause is intended to ensure that there is a broad membership of the Board of the Institute

 

for Apprenticeships which specifically encompasses and utilises the experience and expertise of all

 

those groups involved with and crucial to the successful promotion and delivery of

 

apprenticeships.

 


 

Hannah Bardell

 

Alan Brown

 

NC7

 

To move the following Clause—

 

         

“Payment practices: protection of retention monies in the construction

 

industry

 

(1)    

Any clause in a construction contract or related contract enabling a party to

 

withhold retention monies shall be of no effect unless, upon their withholding, the

 

monies are deposited forthwith in a retention deposit scheme authorised by the

 

Secretary of State.

 

(2)    

Where a clause is rendered ineffective under this section any retention monies

 

already withheld and not placed in a retention deposit scheme must be refunded

 

in full to the party providing them.


 
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Revised 09 March 2016