Session 2015-16
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Notices of Amendments: 4 March 2016                     

8

 

Enterprise Bill-[Lords], continued

 
 

            

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.

 

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.

 



 
 

Notices of Amendments: 4 March 2016                     

9

 

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

 

NC10

 

Parliamentary Star    

To move the following Clause—

 

         

“Amendment to the Pubs Code: MRO tenancy

 

Pubs Code Regulations made under the provisions in Small Business, Enterprise

 

and Employment Act 2015 will 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.””

 

 


 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

Greg Mulholland

 

20

 

Parliamentary Star - white    

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.

 


 

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,


 
 

Notices of Amendments: 4 March 2016                     

10

 

Enterprise Bill-[Lords], continued

 
 

(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.

 


 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC2

 

Parliamentary Star - white    

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.

 



 
 

Notices of Amendments: 4 March 2016                     

11

 

Enterprise Bill-[Lords], continued

 
 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC3

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.

 

(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.

 



 
 

Notices of Amendments: 4 March 2016                     

12

 

Enterprise Bill-[Lords], continued

 
 

Ms Angela Eagle

 

Kevin Brennan

 

Bill Esterson

 

Chi Onwurah

 

Gordon Marsden

 

NC6

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.

 

(3)    

For the purpose of section (1), the Secretary of State shall make regulations to

 

govern arrangements for establishing and operating retention deposit schemes.

 

(4)    

Arrangements under section (3) must be arrangements under which a body or

 

person (“the scheme administrator”) undertakes to establish and maintain a

 

retention deposit scheme (“the scheme”).

 

(5)    

The regulations made under section (3) must include requirements relating to—

 

(a)    

the selection and appointment of the scheme administrator,

 

(b)    

the funding and management of the scheme, and

 

(c)    

the release of retention monies from the scheme.

 

(6)    

Where the Secretary of State is satisfied that a proposed scheme complies with

 

the regulations made under section (3), he may give authority for the proposed

 

scheme to operate as a retention deposit scheme.


 
 

Notices of Amendments: 4 March 2016                     

13

 

Enterprise Bill-[Lords], continued

 
 

(7)    

The Secretary of State may delegate his power under subsection (6) to the

 

Scottish Government, Welsh Government and Northern Ireland Executive.

 

(8)    

The monies held in the scheme must solely be retention monies and any interest

 

accruing on the monies.

 

(9)    

In this section—

 

“construction contract” has the same meaning as in the Housing Grants,

 

Construction and Regeneration Act 1996.

 

“retention monies” refers to monies which are withheld from monies which

 

would otherwise be due under a construction contract, the effect of which

 

is to provide the paying party with security for the current and future

 

performance by the party carrying out construction operations of any or

 

all of the latter’s obligations under the contract.”

 

Member’s explanatory statement

 

This new clause would require retention monies provided for within construction industry

 

contracts to be placed in an approved retention deposit scheme.

 


 

Mr Iain Wright

 

NC9

 

Parliamentary Star    

To move the following Clause—

 

         

“Business impact target: application to changes in taxation

 

(1)    

The Small Business, Enterprise and Employment Act 2015 is amended as

 

follows.

 

(2)    

Omit section 22(4)(a).

 

(3)    

Omit section 28(3)(a).”

 

Member’s explanatory statement

 

This new clause has the effect of removing the exemption that currently applies to provisions

 

relating to tax, duties and levies, from the requirement on the Government to publish a business

 

impact target in respect of the economic impact of legislation on business activities. This would

 

require the Treasury to measure the effect of changes to tax legislation and the compliance burden

 

these changes place upon businesses.

 

 


 

Ms Angela Eagle

 

Bill Esterson

 

Kevin Brennan

 

Chi Onwurah

 

Gordon Marsden

 

10

 

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.

 



 
 

Notices of Amendments: 4 March 2016                     

14

 

Enterprise Bill-[Lords], continued

 
 

Ms Angela Eagle

 

Bill Esterson

 

Kevin Brennan

 

Chi Onwurah

 

Gordon Marsden

 

12

 

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.

 

Ms Angela Eagle

 

Bill Esterson

 

Kevin Brennan

 

Chi Onwurah

 

Gordon Marsden

 

11

 

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.

 


 

Caroline Lucas

 

21

 

Parliamentary Star - white    

Page  12,  line  20,  leave out Clause 14

 

Member’s explanatory statement

 

This amendment would leave out the clause that extends the Business Impact Target to provisions

 

made by regulators.

 


 

Caroline Lucas

 

22

 

Parliamentary Star    

Clause  16,  page  15,  line  22,  after “businesses” insert “and such other persons as the

 

regulator considers appropriate”

 

Member’s explanatory statement

 

This amendment would require each relevant regulator to report not only on their assessment of

 

the views of businesses (and ‘other regulated persons’), but also on the views of such other persons

 

as the relevant regulator considers appropriate.


 
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Revised 04 March 2016