Enterprise Bill (HC Bill 142)

(d) arrangements made under—

(i) section 2 of the Employment and Training Act 1973,

(ii) section 17B(1)(a) of the Jobseekers Act 1995,

(iii) section 2(3) of the Enterprise and New Towns (Scotland)
5Act 1990, or

(iv) section 1 of the Employment and Training Act
(Northern Ireland) 1950,

that are identified by the person making the arrangements as
arrangements for the provision of apprenticeships.

(4) 10The reference to section 32 in subsection (3)(b) includes a reference to
that section as it applies in relation to England by virtue of provision
made under section 115(9) of the Deregulation Act 2015; and a reference
to a section in subsection (3)(c) is a reference to the section as it so
applies.

(5) 15A person guilty of an offence under this section is liable on summary
conviction to a fine.

(6) Where an offence under this section committed by a body corporate—

(a) is committed with the consent or connivance of an officer of the
body corporate, or

(b) 20is attributable to neglect on the part of an officer of the body
corporate,

the officer also commits the offence and is liable to be proceeded
against and punished accordingly.

(7) Every local weights and measures authority in England—

(a) 25has a duty to enforce the provisions of this section within their
area;

(b) must make to the Secretary of State, whenever he or she so
directs, a report on the exercise of the authority’s functions
under this section.

30A report under paragraph (b) must be in such form, and contain such
particulars, as the Secretary of State may direct.

(8) Proceedings for an offence under this section may be instituted only—

(a) by or on behalf of a local weights and measures authority in
England,

(b) 35by or on behalf of the Secretary of State, or

(c) with the consent of the Director of Public Prosecutions.

(9) In this section—

• “contract of employment” has the same meaning as in the
  Employment Rights Act 1996 (see section 230(2) of that Act);

• 40“offering”, in relation to any course or training, includes offering
  or marketing it to the public generally or to any section of the
  public;

• “officer”, in relation to a body corporate, means—

  (a)

  a director, manager, secretary or similar officer of the
  45body, or a person purporting to act in such capacity;

  (b)

  a governor of an educational institution conducted by
  the body.

(10) The reference in subsection (1) to describing any course or training as
an apprenticeship includes a reference to describing an individual who
undertakes it as an apprentice.”

(2) In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc), in
5paragraph 10, at the appropriate place insert—

““section A11(7)(a) of the Apprenticeships, Skills, Children and
Learning Act 2009;”.

26 Apprenticeships: information sharing

(1) After Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009
10(apprenticeships, study and training) insert—

““Part 1A Apprenticeships: information sharing

England

40A Sharing of information by HMRC and the Secretary of State

(1) 15HMRC may disclose information held by them to the Secretary of State
for the purpose of the Secretary of State’s functions in relation to
English statutory apprenticeships.

(2) The Secretary of State may disclose information to HMRC—

(a) for the purpose of requesting HMRC to disclose information
20under subsection (1), or

(b) for another purpose connected with the Secretary of State’s
functions in relation to English statutory apprenticeships.

(3) In this section “English statutory apprenticeships” means—

(a) approved English apprenticeships within the meaning given in
25section A1;

(b) apprenticeships undertaken under apprenticeship agreements
within the meaning given in section 32 that were entered into in
connection with recognised English frameworks;

(c) apprenticeships in relation to which alternative English
30completion arrangements apply under section 1(5);

(d) apprenticeships undertaken under arrangements made in
relation to England under section 2 of the Employment and
Training Act 1973 that are identified by the person making them
as arrangements for the provision of apprenticeships.

35Wales, Scotland and Northern Ireland

40B Sharing of information by HMRC and devolved authorities

(1) HMRC may disclose information held by them—

(a) to a Welsh authority for the purpose of the authority’s functions
in relation to Welsh apprenticeships;

(b) 40to a Scottish authority for the purpose of the authority’s
functions in relation to Scottish apprenticeships;

(c) to a Northern Irish authority for the purpose of the authority’s
functions in relation to Northern Irish apprenticeships.

(2) An authority mentioned in paragraph (a), (b) or (c) of subsection (1)
may disclose information to HMRC—

(a) 5for the purpose of requesting HMRC to disclose information to
the authority under subsection (1), or

(b) for another purpose connected with the authority’s functions
mentioned in subsection (1).

(3) In this section—

• 10“Northern Irish apprenticeships” means apprenticeships
  undertaken under arrangements made under section 1 of the
  Employment and Training Act (Northern Ireland) 1950 that are
  identified by the person making them as arrangements for the
  provision of apprenticeships;

• 15“Northern Irish authority” means—

  (a)

  a Northern Ireland department, and

  (b)

  any body or other person that is prescribed, or of a
  prescribed description;

• “Scottish apprenticeships” means apprenticeships undertaken
  20under arrangements made—

  (a)

  in relation to Scotland, under section 2 of the
  Employment and Training Act 1973, or

  (b)

  under section 2(3) of the Enterprise and New Towns
  (Scotland) Act 1990,

  25that are identified by the person making them as arrangements
  for the provision of apprenticeships;

• “Scottish authority” means—

  (a)

  the Scottish Ministers, and

  (b)

  any body or other person that is prescribed, or of a
  30prescribed description;

• “Welsh apprenticeships” means—

  (a)

  apprenticeships undertaken under apprenticeship
  agreements within the meaning given in section 32 that
  were entered into in connection with recognised Welsh
  35frameworks;

  (b)

  apprenticeships in relation to which alternative Welsh
  completion arrangements apply under section 2(5);

  (c)

  apprenticeships undertaken under arrangements made
  in relation to Wales under—

  (i)

  40section 2 of the Employment and Training Act
  1973, or

  (ii)

  section 17B of the Jobseekers Act 1995,

  that are identified by the person making them as
  arrangements for the provision of apprenticeships;

• 45“Welsh authority” means—

  (a)

  the Welsh Ministers, and

  (b)

  any body or other person that is prescribed, or of a
  prescribed description.

(4) In subsection (3)—

(a) the reference to a Northern Ireland department includes a
reference to a person providing services to a Northern Ireland
department;

(b) the reference to the Scottish Ministers includes a reference to a
5person providing services to the Scottish Ministers;

(c) the reference to the Welsh Ministers includes a reference to a
person providing services to the Welsh Ministers.

(5) Regulations under this section may amend the definition in subsection
(3) of—

(a) 10“Northern Irish apprenticeships”,

(b) “Scottish apprenticeships”, or

(c) “Welsh apprenticeships”.

General

40C Wrongful disclosure

(1) 15Information disclosed by HMRC under section 40A(1) or 40B(1) may
not be disclosed by the recipient of the information to any other person
without the consent of HMRC (except so far as permitted by section
40A(2) or 40B(2)).

(2) If a person discloses, in contravention of subsection (1), any revenue
20and customs information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005
(wrongful disclosure) applies in relation to that disclosure as it applies
25in relation to a disclosure of such information in contravention of
section 20(9) of that Act.

40D Interpretation

(1) In this Part—

• “HMRC” means the Commissioners for Her Majesty’s Revenue
  30and Customs;

• “revenue and customs information relating to a person” has the
  same meaning as in section 19 of the Commissioners for
  Revenue and Customs Act 2005 (see section 19(2) of that Act).

(2) In this Part—

(a) 35references to HMRC include references to a person providing
services to HMRC;

(b) references to the Secretary of State include references to a
person providing services to the Secretary of State.

(3) Nothing in this Part affects any power to disclose information that
40exists apart from this Part.”

(2) In section 262(6) of that Act (orders and regulations subject to affirmative
procedure) after paragraph (aa) insert—

“(aaa) regulations under section 40B;”.

(3) In section 268 of that Act (extent)—

(a) in subsection (2) (provisions extending to Scotland) for “Sections 40,”
substitute “Section 40, Part 1A, sections”, and

(b) in subsection (3) (provisions extending to Northern Ireland) for
“Sections”, in the first place, substitute “Part 1A, sections”.

27 5Apprenticeship funding

In section 100(1A) of the Apprenticeships, Skills, Children and Learning Act
2009 (provision of financial resources in connection with approved English
apprenticeships)—

(a) for “approved English apprenticeships”, in both places, substitute
10“English statutory apprenticeships”, and

(b) after subsection (4) insert—

“(5) In this section “English statutory apprenticeship” has the same
meaning as in section 40A (see subsection (3) of that section).”

Part 5 15Late payment of insurance claims

28 Insurance contracts: implied term about payment of claims

(1) After section 13 of the Insurance Act 2015 (remedies for fraudulent claims:
group insurance) insert—

““Part 4A 20Late payment of claims

13A Implied term about payment of claims

(1) It is an implied term of every contract of insurance that if the insured
makes a claim under the contract, the insurer must pay any sums due
in respect of the claim within a reasonable time.

(2) 25A reasonable time includes a reasonable time to investigate and assess
the claim.

(3) What is reasonable will depend on all the relevant circumstances, but
the following are examples of things which may need to be taken into
account—

(a) 30the type of insurance,

(b) the size and complexity of the claim,

(c) compliance with any relevant statutory or regulatory rules or
guidance,

(d) factors outside the insurer’s control.

(4) 35If the insurer shows that there were reasonable grounds for disputing
the claim (whether as to the amount of any sum payable, or as to
whether anything at all is payable)—

(a) the insurer does not breach the term implied by subsection (1)
merely by failing to pay the claim (or the affected part of it)
40while the dispute is continuing, but

(b) the conduct of the insurer in handling the claim may be a
relevant factor in deciding whether that term was breached and,
if so, when.

(5) Remedies (for example, damages) available for breach of the term
5implied by subsection (1) are in addition to and distinct from—

(a) any right to enforce payment of the sums due, and

(b) any right to interest on those sums (whether under the contract,
under another enactment, at the court’s discretion or
otherwise).”

(2) 10In section 22 of that Act (application etc of Parts 2 to 5), after subsection (3)
insert—

“(3A) Part 4A applies only in relation to contracts of insurance entered into
after that Part has come into force, and variations to such contracts.”

29 Contracting out of the implied term about payment of claims

(1) 15After section 16 of the Insurance Act 2015 (contracting out: non-consumer
contracts) insert—

“16A Contracting out of the implied term about payment of claims:
consumer and non-consumer insurance contracts

(1) A term of a consumer insurance contract, or of any other contract,
20which would put the consumer in a worse position as respects any of
the matters provided for in section 13A than the consumer would be in
by virtue of the provisions of that section (so far as relating to consumer
insurance contracts) is to that extent of no effect.

(2) A term of a non-consumer insurance contract, or of any other contract,
25which would put the insured in a worse position as respects deliberate
or reckless breaches of the term implied by section 13A than the insured
would be in by virtue of that section is to that extent of no effect.

(3) For the purposes of subsection (2) a breach is deliberate or reckless if the
insurer—

(a) 30knew that it was in breach, or

(b) did not care whether or not it was in breach.

(4) A term of a non-consumer insurance contract, or of any other contract,
which would put the insured in a worse position as respects any of the
other matters provided for in section 13A than the insured would be in
35by virtue of the provisions of that section (so far as relating to non-
consumer insurance contracts) is to that extent of no effect, unless the
requirements of section 17 have been satisfied in relation to the term.

(5) In this section references to a contract include a variation.

(6) This section does not apply in relation to a contract for the settlement of
40a claim arising under an insurance contract.”

(2) In section 17(1) of that Act (the transparency requirements), after “16(2)” insert
“or 16A(4)”.

30 Additional time limit for actions for damages for late payment of insurance
claims

After section 5 of the Limitation Act 1980 insert—

“5A Additional time limit for actions for damages for late payment of
5insurance claims

(1) An action in respect of breach of the term implied into a contract of
insurance by section 13A of the Insurance Act 2015 (late payment of
claims) may not be brought after the expiration of one year from the
date on which the insurer has paid all the sums referred to in subsection
10(1) of that section.

(2) Any payment which extinguishes an insurer’s liability to pay a sum
referred to in section 13A of the Insurance Act 2015 is to be treated for
the purposes of this section as payment of that sum.”

Part 6 15Non-domestic rating

31 Disclosure of HMRC information in connection with non-domestic rating

(1) The Local Government Finance Act 1988 is amended as follows.

(2) In Part 3 (non-domestic rating), after section 63 insert—

“63A Disclosure of Revenue and Customs information

(1) 20An officer of the Valuation Office of Her Majesty’s Revenue and
Customs may disclose Revenue and Customs information to a
qualifying person for a qualifying purpose.

(2) Information disclosed to a qualifying person under this section may be
retained and used for any qualifying purpose.

(3) 25Each of the following is a “qualifying person”—

(a) a billing authority;

(b) a major precepting authority;

(c) a person authorised to exercise any function of an authority
within paragraph (a) or (b) relating to non-domestic rating;

(d) 30a person providing services to an authority within paragraph
(a) or (b) relating to non-domestic rating;

(e) the Secretary of State;

(f) the Welsh Ministers;

(g) a prescribed person.

(4) 35Each of the following is a “qualifying purpose”—

(a) enabling or assisting the qualifying person to whom the
disclosure is made, or any other qualifying person, to carry out
any functions conferred by or under this Part which are not
functions of the Secretary of State or the Welsh Ministers;

(b) 40enabling or assisting the Secretary of State or the Welsh
Ministers to carry out functions conferred by or under section
53 or 54 (central non-domestic rating), or by or under Schedule
9 so far as relating to central non-domestic rating lists;

(c) any other prescribed purpose relating to non-domestic rating.

(5) In this section—

• “prescribed” means—

  (a)

  in relation to England, prescribed by regulations made
  5by the Secretary of State, and

  (b)

  in relation to Wales, prescribed by regulations made by
  the Welsh Ministers;

• “Revenue and Customs information” means information held as
  mentioned in section 18(1) of the Commissioners for Revenue
  10and Customs Act 2005.

(6) Regulations under this section may only be made with the consent of
the Commissioners for Her Majesty’s Revenue and Customs.

63B Restrictions on onward disclosure of Revenue and Customs
information

(1) 15Information disclosed under section 63A or this section may not be
further disclosed unless that further disclosure is—

(a) to a qualifying person for a qualifying purpose,

(b) for the purposes of the initiation or conduct of any proceedings
relating to the enforcement of any obligation imposed by or
20under this Part of this Act,

(c) in pursuance of a court order,

(d) with the consent of each person to whom the information
relates, or

(e) required or permitted under any other enactment.

(2) 25Information may not be disclosed under subsection (1)(a) to a
qualifying person within section 63A(3)(c), (d), (e), (f) or (g) except with
the consent of the Commissioners for Her Majesty’s Revenue and
Customs (which may be general or specific).

(3) Information disclosed to a qualifying person under this section may be
30retained and used for any qualifying purpose.

(4) A person commits an offence if the person contravenes subsection (1)
or (2) by disclosing information relating to a person whose identity—

(a) is specified in the disclosure, or

(b) can be deduced from it.

(5) 35It is a defence for a person charged with an offence under this section
of disclosing information to prove that the person reasonably
believed—

(a) that the disclosure was lawful, or

(b) that the information had already lawfully been made available
40to the public.

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a term not
45exceeding 2 years or to a fine, or to both.

(7) A prosecution for an offence under this section may be instituted only
by or with the consent of the Director of Public Prosecutions.

(8) In relation to an offence under this section committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
5(increase in maximum term that may be imposed on summary
conviction of offence triable either way) the reference in subsection
(6)(a) to 12 months is to be taken as a reference to 6 months.

(9) This section is without prejudice to the pursuit of any remedy or the
taking of any action in relation to a contravention of subsection (1) or
10(2) (whether or not subsection (4) applies to the contravention).

(10) In this section—

• “qualifying person” has the same meaning as in section 63A;

• “qualifying purpose” has the same meaning as in that section.

63C Freedom of information

(1) 15Revenue and customs information relating to a person which has been
disclosed under section 63A or 63B is exempt information by virtue of
section 44(1)(a) of the Freedom of Information Act 2000 (prohibition on
disclosure) if its further disclosure—

(a) would specify the identity of the person to whom the
20information relates, or

(b) would enable the identity of such a person to be deduced.

(2) In this section “revenue and customs information relating to a person”
has the same meaning as in section 19(2) of the Commissioners for
Revenue and Customs Act 2005.”

(3) 25In section 143 (orders and regulations), in subsection (4ZA) after “section”
insert “63A or”.

32 Alteration of non-domestic rating lists

(1) Section 55 of the Local Government Finance Act 1988 (non-domestic rating:
alteration of lists) is amended as follows.

(2) 30After subsection (4) insert—

“(4A) In relation to an English list or a Welsh list, the provision that may be
included in the regulations by virtue of subsection (4) includes—

(a) provision about the steps that must be taken before a person
may make a proposal for an alteration of the list (which may
35include steps designed to ensure the person checks the accuracy
and completeness of any information on which any decision by
the valuation officer has been based and gives the valuation
officer an opportunity to consider the results of those checks
and alter the list);

(b) 40provision restricting the circumstances in which any of those
steps may be taken and provision about the timing of any step;

(c) provision for valuation officers to impose financial penalties on
persons who, in, or in connection with, proposals for the
alteration of the list, knowingly, recklessly or carelessly provide
45information which is false in a material particular.

(4B) If provision is made by virtue of subsection (4A)(c)—

(a) the maximum amount of any penalty that may be specified in,
or determined in accordance with, the regulations is £500;

(b) the regulations must require any sum received by a valuation
5officer by way of penalty to be paid into the appropriate fund;

(c) the regulations may include provision for any penalty to be
recovered by the valuation officer concerned as a civil debt due
to the officer;

(d) the regulations must include provision enabling a person on
10whom a financial penalty is imposed to appeal against the
imposition of the penalty or its amount to the valuation
tribunal.”

(3) After subsection (5) insert—

“(5A) In relation to a proposal made by a person to alter an English list or a
15Welsh list, the provision that may be included in regulations by virtue
of subsection (5) includes provision—

(a) about the grounds on which an appeal may be made;

(b) about the matters which are not to be taken into account by the
valuation tribunal as part of an appeal;

(c) 20about the circumstances in which new evidence may be
admitted on an appeal, and about the conduct of an appeal in
relation to such evidence;

(d) about the payment of fees by ratepayers in relation to appeals,
the payment of those fees into the appropriate fund and the
25circumstances in which those fees are to be refunded.

This subsection is without prejudice to the powers to make regulations
conferred by Part 3 of Schedule 11 (tribunals: procedure, orders, etc).”

(4) After subsection (7A) insert—

“(7B) For the purposes of subsections (4B)(b) and (5A)(d) “the appropriate
30fund” means—

(a) where the provision made by virtue of subsection (4A)(c) or (5)
is in relation to a proposal to alter an English list, the
Consolidated Fund, and

(b) where the provision made by virtue of subsection (4A)(c) or (5)
35is in relation to a proposal to alter a Welsh list, the Welsh
Consolidated Fund.”

(5) For subsection (8) substitute—

“(8) In this section—

• “English list” means—

  (a)

  40a local non-domestic rating list that has to be compiled
  for a billing authority in England, or

  (b)

  the central non-domestic rating list that has to be
  compiled for England;

• “valuation tribunal” means—

  (a)

  45in relation to England, the Valuation Tribunal for
  England;

  (b)

  in relation to Wales, a valuation tribunal established
  under paragraph 1 of Schedule 11;

Enterprise BillPage 50

• “Welsh list” means—

  (a)

  a local non-domestic rating list that has to be compiled
  for a billing authority in Wales, or

  (b)

  the central non-domestic rating list that has to be
  5compiled for Wales.”

(6) In section 143 of that Act (orders and regulations), after subsection (3C)
insert—

“(3D) Any power to make regulations conferred by section 55 (alteration of
non-domestic rating lists) is exercisable by statutory instrument.

(3E) 10A statutory instrument which contains (whether alone or with other
provision) regulations made by virtue of section 55(4A)(c) or (4B)
(alteration of non-domestic rating lists: financial penalties) may not be
made unless—

(a) where those regulations relate to a proposal to alter an English
15list, a draft of the instrument has been laid before and approved
by a resolution of each House of Parliament;

(b) where those regulations relate to a proposal to alter a Welsh list,
a draft of the instrument has been laid before and approved by
a resolution of the National Assembly for Wales.

(3F) 20Any other statutory instrument containing regulations under section 55
is—

(a) in the case of regulations relating to England, subject to
annulment in pursuance of a resolution of either House of
Parliament;

(b) 25in the case of regulations relating to Wales, subject to
annulment in pursuance of a resolution of the National
Assembly for Wales.

(3G) In subsection (3E), “English list” and “Welsh list” have the same
meaning as in section 55.”

30Part 7 Sunday trading and working

33 Extended Sunday opening hours and Sunday working

(1) The Sunday Trading Act 1994 is amended in accordance with subsections (2)
to (4).

(2) 35In paragraph 2 of Schedule 1 (which restricts the opening hours of large shops
on Sundays), after sub-paragraph (3) insert—

“(3A) Sub-paragraph (1) does not apply in relation to the opening of a large
shop during any other period on a Sunday in accordance with a
consent notice published under paragraph 2A (subject to sub-
40paragraph (4)).”

(3) After that paragraph insert—

““Consent notices published by Sunday trading authorities

2A (1) The Sunday trading authority for an area may publish a notice (a
“consent notice”) in accordance with this paragraph providing for
5large shops in the authority’s area to be permitted to do either or
both of the following—

(a) to open on a Sunday 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) 10to open on a Sunday 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 apply
in relation to the whole or any part of the authority’s area.

(3) A Sunday trading authority may, by publishing a further notice, vary
15or revoke a consent notice that applies in relation to its area.

(4) Before varying or revoking a consent notice under sub-paragraph
(3), a Sunday trading authority must give reasonable notice to
occupiers of large shops whose opening hours on Sundays would be
affected by the variation or revocation.

(5) 20Publication of a notice under this paragraph may take whatever form
the authority publishing it thinks appropriate for the purpose of
bringing the notice to the attention of occupiers of large shops in the
area to which the notice relates.

(6) Subject to sub-paragraph (7), the Sunday trading authority for an
25area is the local authority for the area.

(7) In relation to the area of Greater London, the Sunday trading
authority is the Mayor of London acting on behalf of the Greater
London Authority.”

(4) Accordingly—

(a) 30in paragraph 2 of Schedule 1 (restrictions on Sunday opening)—

(i) in sub-paragraph (1), for “and (3)” substitute “, (3) and (3A)”;

(ii) in sub-paragraph (4), for “exemption conferred by sub-
paragraph (3) above does” substitute “exemptions conferred by
sub-paragraphs (3) and (3A) do”;

(b) 35in paragraph 6 of that Schedule (duty to display notice), after “sub-
paragraph (3)” insert “or (3A)”;

(c) in paragraph 8 of that Schedule (defence to an offence of contravening
opening restrictions), after “paragraph 2(3)” insert “or (3A)”;

(d) in paragraph 1(a) of Schedule 3 (loading and unloading at large shops
40on Sunday morning: application), after “paragraph 2(3)” insert “or
(3A)”.

(5) Schedule 5, which contains amendments of employment legislation relating to
the rights of shop workers to opt out of working on Sunday, has effect.

Part 8 Other enterprise-related provisions

Industrial development

34 Allowable assistance under Industrial Development Act 1982

5In section 8(8) of the Industrial Development Act 1982 (allowable assistance per
project)—

(a) for “the Secretary of State pays or undertakes to pay” substitute “are
paid, or undertaken to be paid,”;

(b) after “shall not exceed £10 million” insert “in the case of payments
10made, or undertakings given by, the Scottish Ministers, or £30 million
in any other case”;

(c) after “the said sum of £10 million” insert “or £30 million”.

35 Grants etc towards electronic communications services and networks

(1) The Industrial Development Act 1982 is amended as follows.

(2) 15In section 13 (improvement of basic services), in the heading, at the end insert
“in development areas and intermediate areas”.

(3) After that section insert—

“13A Improvement of electronic communications networks and services etc

(1) This section applies if it appears to the Secretary of State that adequate
20provision has not been made for an area in respect of electronic
communications facilities.

(2) The Secretary of State may, with the consent of the Treasury, make a
grant or loan towards the cost of improving an electronic
communications facility if—

(a) 25the Secretary of State considers that doing so is likely to
contribute to the development of industry in the area, or

(b) the Secretary of State considers that doing so is likely to benefit
the area in any other way (for example, by improving social or
economic inclusion), and the grant or loan is made to an
30undertaking that is, or is to be, carried on in the area.

(3) In this section—

(a) “area” means the United Kingdom or a part or area of the
United Kingdom;

(b) “electronic communications facility” means an electronic
35communications network, electronic communications service
or associated facility, as defined by section 32 of the
Communications Act 2003.

(4) The power conferred by this section is in addition to any other powers
of the Secretary of State to make grants or loans.”

(4) 40In section 16(1)(a) (Secretary of State’s accounts), for “13 and 14” substitute “13
to 14”.

(5) In section 20(3) (extent)—

(a) for “and 12” substitute “, 12 and 13A”;

(b) after “sections 15” insert “, 16”.

UK Government Investments Limited

36 5UK Government Investments Limited

(1) The Treasury or the Secretary of State may—

(a) provide grants, loans, guarantees or indemnities, or any other kind of
financial assistance (actual or contingent) to UK Government
Investments Limited, or

(b) 10make other payments to UK Government Investments Limited.

(2) “UK Government Investments Limited” means the private company limited by
shares incorporated on 11th September 2015 with the company number
09774296.

UK Green Investment Bank

37 15Disposal of Crown’s shares in UK Green Investment Bank company

(1) Part 1 of the Enterprise and Regulatory Reform Act 2013 (UK Green
Investment Bank) is amended as follows.

(2) Omit the following provisions—

(a) section 1 (the green purposes);

(b) 20section 3 (alteration of Bank’s objects where it is designated by
Secretary of State);

(c) section 5 (accounts, reports etc where Bank is designated by Secretary
of State).

(3) In section 2 (designation of Bank)—

(a) 25for the heading substitute “Interpretation”,

(b) omit subsections (1) to (8) (Secretary of State’s power to designate), and

(c) after subsection (9) insert—

“(10) In this Part “UK Green Investment Bank company” means—

(a) the UK Green Investment Bank, or

(b) 30a company that is or at any time has been in the same
group as the Bank.

(11) For the purposes of subsection (10) a company is to be regarded
as being in the same “group” as the UK Green Investment Bank,
if, for the purposes of section 1161(5) of the Companies Act
352006, the company is a group undertaking in relation to the UK
Green Investment Bank.”

(4) In section 4 (financial assistance from the Secretary of State)—

(a) in subsection (1)—

(i) omit “Where an order has been made under section 2,”,

(ii) 40for “the UK Green Investment Bank” substitute “a UK Green
Investment Bank company”, and

(iii) for “Crown’s shareholding in it is more than half of its issued
share capital” substitute “Crown holds shares in it or another
UK Green Investment Bank company”,

(b) in subsection (3), in paragraphs (d) and (e), for “the Bank” substitute
5“the company”,

(c) omit subsection (5), and

(d) in subsection (6) (no effect on other powers to give financial assistance
to the Bank)—

(i) for “the Bank”, in the first place, substitute “a UK Green
10Investment Bank company”, and

(ii) for “Crown’s shareholding in the Bank is not more than half of
its issued share capital” substitute “Crown does not hold shares
in it or another UK Green Investment Bank company”.

(5) In section 6 (documents to be laid before Parliament)—

(a) 15in subsection (1)(a) omit “after an order has been made under section
2,”,

(b) in subsection (1)(b) for “the Bank” substitute “a UK Green Investment
Bank company”, and

(c) omit subsections (3) and (4).

(6) 20After section 6 insert—

“6A Report on disposal of Crown’s shares in UK Green Investment Bank
company

(1) As soon as reasonably practicable after a disposal of shares held by the
Crown in a UK Green Investment Bank company the Secretary of State
25must lay before Parliament a report on the disposal.

(2) The report—

(a) must state—

(i) the kind of disposal, and

(ii) the proportion of the company’s share capital retained
30by the Crown (or that none has been retained); and

(b) must include—

(i) an assessment of how the Secretary of State’s objectives
for the disposal have been achieved, and

(ii) where the Crown still holds one or more shares in a UK
35Green Investment Bank company, details of the
Secretary of State’s intentions as to the Crown’s future
role and interest in such companies.

(3) The Secretary of State must give a copy of the report to—

(a) the Scottish Ministers,

(b) 40the Welsh Ministers, and

(c) the Office of the First Minister and deputy First Minister in
Northern Ireland.

(4) Subsection (3) applies to a report as described in section 38 as well as to
a report under this section.”

38 UK Green Investment Bank: transitional provision

(1) The Secretary of State may not make regulations under section 44 appointing
the day on which section 37 comes into force unless the Secretary of State has—

(a) decided to make a disposal of shares held by the Crown in a UK Green
5Investment Bank company, and

(b) laid before Parliament a report on the proposed disposal (or, if more
than one, on each of them) which states—

(i) the kind of disposal intended,

(ii) the expected time-scale for the disposal, and

(iii) 10the Secretary of State’s objectives for the disposal.

(2) In this section “UK Green Investment Bank company” means—

(a) the public company limited by shares incorporated on 15 May 2012
with the company number SC424067 and with the name UK Green
Investment Bank plc, or

(b) 15a company that is or at any time has been in the same group as that
company.

(3) For the purposes of subsection (2) a company is to be regarded as being in the
same “group” as another company, if, for the purposes of section 1161(5) of the
Companies Act 2006, the company is a group undertaking in relation to that
20other company.

The Pubs Code Adjudicator and the Pubs Code

39 Market rent only option: rent assessments etc

In section 43 of the Small Business, Enterprise and Employment Act 2015 (pubs
code: market rent only option), in subsection (6)(b), after “in lieu of rent” insert
25“(whether or not it results in a proposal that the rent, or amount of money
payable, should increase)”.

40 Reports on avoidance

In Part 4 of the Small Business, Enterprise and Employment Act 2015 (the Pubs
Code Adjudicator and the Pubs Code), after section 71 insert—

“71A 30Reports on avoidance

(1) The Adjudicator must report to the Secretary of State on cases of pub-
owning businesses engaging in business practices which are, in the
Adjudicator’s opinion, unfair business practices.

(2) A report under subsection (1) must include recommendations as to—

(a) 35actions to be taken to prevent pub-owning businesses from
engaging in the business practices reported on, and

(b) how to provide redress for tied pub tenants affected by those
practices.

(3) The Secretary of State must issue a statement within three months of
40receiving a report under subsection (1) setting out—

(a) action which the Secretary of State intends to take to protect tied
pub tenants affected by the business practices reported on, or

(b) if the Secretary of State does not intend to take such action, the
reasoning for that decision.

(4) In this section “unfair business practice” means a business practice
which—

(a) 5is engaged in by a pub-owning business at any time after the
passing of this Act in order to avoid, to the detriment of tied pub
tenants, the operation of provision made by or under this Part,
and

(b) is unfair.”