Session 2015-16
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 2 March 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 13-14

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 


 

New Clause

 

Bill Esterson

 

Kevin Brennan

 

NC1

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 2 March 2016                     

2

 

Enterprise Bill-[Lords], continued

 
 

(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.

 

 


 

Bill Esterson

 

Kevin Brennan

 

10

 

Parliamentary Star - white    

Clause  3,  page  4,  line  16,  leave out paragraph (c)

 

Member’s explanatory statement

 

This amendment would remove the exclusion of complaints against public authorities from the

 

Small Business Commissioner’s remit.

 


 

Bill Esterson

 

Kevin Brennan

 

12

 

Parliamentary Star - white    

Clause  5,  page  5,  line  37,  at end insert—

 

“(2)    

The Small Business Commissioner may require, in writing, the complainant,

 

respondent or any third party to provide such information relating to the

 

complaint as the Commissioner reasonably requires to investigate the complaint.

 

(2A)    

A government department or local authority is not required to provide

 

information under this section insofar as they would include the disclosure of—

 

(i)    

tax records,

 

(ii)    

personal information, or

 

(iii)    

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

 

information requested under subesction (2).”

 

Member’s explanatory statement

 

This amendment would empower the Commissioner to compel a complainant, larger business or

 

a concerned third party to provide information to the Commissioner during the course of an

 

investigation into a complaint.


 
 

Notices of Amendments: 2 March 2016                     

3

 

Enterprise Bill-[Lords], continued

 
 

Bill Esterson

 

Kevin Brennan

 

11

 

Parliamentary Star - white    

Clause  5,  page  5,  line  38,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment would remove the voluntary nature of providing information to the Commissioner

 

when they request such information from a concerned party during the course of an investigation

 

into a complaint.

 


 

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

 

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

 

1

 

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

 

Secretary Sajid Javid

 

2

 

Parliamentary Star - white    

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

 

3

 

Parliamentary Star - white    

Clause  41,  page  58,  line  7,  at end insert—

 

“( )    

by the Welsh Ministers, in relation to relevant Welsh exit payments;”

 

Member’s explanatory statement

 

This amendment confers power on the Welsh Ministers (instead of the Treasury) to make

 

regulations under new section 153A of the Small Business, Enterprise and Employment Act 2015


 
 

Notices of Amendments: 2 March 2016                     

4

 

Enterprise Bill-[Lords], continued

 
 

restricting the total amount of exit payments made to the holder of an office in Wales mentioned in

 

amendment 5.

 

Secretary Sajid Javid

 

4

 

Parliamentary Star - white    

Clause  41,  page  58,  line  27,  at end insert—

 

“( )    

if made by the Welsh Ministers, may not be made unless a draft of the

 

statutory instrument containing them has been laid before, and approved

 

by a resolution of, the National Assembly for Wales.”

 

Member’s explanatory statement

 

This amendment provides for the procedure in the National Assembly for Wales in relation to

 

regulations under new section 153A made by the Welsh Ministers (see explanatory statement for

 

amendment 3).

 

Secretary Sajid Javid

 

5

 

Parliamentary Star - white    

Clause  41,  page  58,  line  32,  at end insert—

 

“( )    

In this section “relevant Welsh exit payments” means exit payments made to

 

holders of the following offices—

 

(a)    

member of the National Assembly for Wales;

 

(b)    

the First Minister for Wales;

 

(c)    

Welsh Minister appointed under section 48 of the Government of Wales

 

Act 2006;

 

(d)    

Counsel General to the Welsh Government;

 

(e)    

Deputy Welsh Minister;

 

(f)    

member of a county council or a county borough council in Wales;

 

(g)    

member of a National Park Authority in Wales;

 

(h)    

member of a Fire and Rescue Authority in Wales.”

 

Member’s explanatory statement

 

This amendment specifies the offices in Wales in relation to which the Welsh Ministers can make

 

regulations under new section 153A (see explanatory statement for amendment 3).

 

Secretary Sajid Javid

 

6

 

Parliamentary Star - white    

Clause  41,  page  58,  line  37,  at end insert—

 

“(2A)    

The Welsh Ministers may relax any restriction imposed by regulations made by

 

the Welsh Ministers under section 153A.”

 

Member’s explanatory statement

 

This amendment ensures that the Welsh Ministers have power to relax restrictions imposed by

 

them under new section 153A (see explanatory statement for amendment 3).

 

Secretary Sajid Javid

 

7

 

Parliamentary Star - white    

Clause  41,  page  59,  line  1,  at beginning insert “except in relation to exit payments

 

made by a relevant Welsh authority,”

 

Member’s explanatory statement

 

This amendment ensures that the Treasury are not able to impose limitations on the power of the

 

Welsh Ministers to relax certain restrictions imposed by Treasury regulations (see explanatory

 

statement for amendment 8).


 
 

Notices of Amendments: 2 March 2016                     

5

 

Enterprise Bill-[Lords], continued

 
 

Secretary Sajid Javid

 

8

 

Parliamentary Star - white    

Clause  41,  page  59,  leave out lines 18 to 24 and insert—

 

“(6)    

Regulations under section 153A made by the Welsh Ministers may—

 

(a)    

make provision for the power under subsection (2A) to be exercisable on

 

behalf of the Welsh Ministers by a person specified in the regulations;

 

(b)    

where provision is made by virtue of paragraph (a), make provision for a

 

requirement to be relaxed only—

 

(i)    

with the consent of the Welsh Ministers, or

 

(ii)    

following compliance with any directions given by the Welsh

 

Ministers;

 

(c)    

make provision as to the publication of information about any relaxation

 

of a requirement granted.

 

(6A)    

Regulations made by the Treasury under section 153A(1)—

 

(a)    

must, if they make provision in relation to exit payments made by a

 

relevant Welsh authority, provide for the power conferred on a Minister

 

of the Crown by subsection (1) to be exercised instead by the Welsh

 

Ministers in relation to those exit payments;

 

(b)    

may provide for the power conferred on a Minister of the Crown by

 

subsection (1) to be exercised instead by the Welsh Ministers in relation

 

to exit payments made by any other authority who is not a relevant Welsh

 

authority but who wholly or mainly exercises functions in relation to

 

Wales (but this does not limit the provision that may be made under

 

subsection (4)(a)).”

 

Member’s explanatory statement

 

This amendment allows the Welsh Ministers to provide for another person to relax on their behalf

 

restrictions imposed by them under new section 153A (see explanatory statement for amendment

 

6). It also requires the Treasury to provide for the Welsh Ministers to be able to relax certain

 

restrictions imposed by Treasury regulations, and gives the Treasury power so to provide in

 

relation to other such restrictions.

 

Secretary Sajid Javid

 

9

 

Parliamentary Star - white    

Clause  41,  page  59,  line  26,  at end insert—

 

“”relevant Welsh authority” means an authority who wholly or mainly

 

exercises functions which could be conferred by provision falling within

 

the legislative competence of the National Assembly for Wales (as

 

defined in section 108 of the Government of Wales Act 2006).”

 

Member’s explanatory statement

 

This amendment defines “relevant Welsh authority” for the purposes of the provisions inserted by

 

amendments 7 and 8.

 



 
 

Notices of Amendments: 2 March 2016                     

6

 

Enterprise Bill-[Lords], continued

 
 

Secretary Sajid Javid

 

13

 

Parliamentary Star    

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

 

Parliamentary Star    

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.

 

 

ORDER OF THE HOUSE [2 February 2016]

 

That the following provisions shall apply to the Enterprise Bill [Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 25 February 2016.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in Legislative Grand

 

Committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.


 
 

Notices of Amendments: 2 March 2016                     

7

 

Enterprise Bill-[Lords], continued

 
 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 


 

 

Revised 02 March 2016