(5) Subject to that, an instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) In this section—

• 5“enactment” includes any provision of primary legislation;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  10Northern Ireland legislation.

43 Transitional, transitory or saving provision

The Secretary of State or the Treasury may by regulations made by statutory
instrument make such transitional, transitory or saving provision as the
Secretary of State or the Treasury considers appropriate in connection with the
15coming into force of any provision of this Act.

44 Commencement

(1) The following provisions of this Act come into force on the day on which this
Act is passed—

(a) any power to make regulations under Part

201

(Small Business
Commissioner);

(b) section 14 (extension of business impact target to provisions made by
regulators) for the purpose of enabling the exercise of the power to
25make regulations under subsection (9) of section 22 of the Small
Business, Enterprise and Employment Act 2015 (as inserted by section
14);

(c) section 20 and Schedule 3 (extension of primary authority scheme) for
the purpose of enabling the exercise of any power to make regulations
30under any provision of the Regulatory Enforcement and Sanctions Act
2008 inserted by that section or Schedule;

(d) section 33(5), and Schedule 5 (Sunday working hours: rights of shop
workers), for the purpose of enabling the exercise of any power to make
regulations under any provision of the Employment Rights Act 1996
35inserted by that Schedule;

(e) section 38 (UK Green Investment Bank: transitional provision);

(f) paragraph 2 of Schedule 2 (things to be included in Secretary of State’s
report in respect of the business impact target), and section 14 (which
introduces Schedule 2) so far as relating to that paragraph;

(g) 40this Part.

(2) The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which this Act is passed—

(a) section 14 (extension of business impact target to provisions made by
regulators) (so far as not already in force under subsection (1));

(b) 45section 18 (application of regulators’ principles and code: removal of
restrictions);

(c) section 24 (public sector apprenticeship targets);

(d) section 31 (disclosure of HMRC information in connection with non-
domestic rating);

(e) section 32 (alteration of non-domestic rating lists);

(f) sections 34 and 35 (industrial development);

(g) Schedule 2 (business impact target: consequential and related
amendments) (so far as not already in force under subsection (1)).

(3) 5Sections 28 to 30 (late payment of insurance claims) come into force at the end
of the period of one year beginning with the day on which this Act is passed
(and section 23(2) of the Insurance Act 2015 (which provides for the coming
into force of provisions of that Act) does not apply to the provisions inserted
into that Act by those sections).

(4) 10The following provisions of this Act come into force on such day as the
Treasury may by regulations appoint—

(a) section 36 (UK Government Investments Limited);

(b) section 41 and Schedule 6 (restriction on public sector exit payments).

(5) Subject to subsections (1) to (4), the provisions of this Act come into force on
15such day as the Secretary of State may by regulations appoint.

(6) Regulations under this section are to be made by statutory instrument.

(7) Regulations under this section may appoint different days—

(a) for different purposes;

(b) for different areas.

45 20Extent

(1) The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—

(a) Part

1

25 (Small Business Commissioner) (except paragraphs 1, 15 and 18
to 21 of Schedule 1);

(b) subsections (5) to (9) of section 14 (application of changes relating to the
business impact target in relation to the relevant period in which they
come into force);

(c) 30section 26 (apprenticeships: information sharing);

(d) sections 28 and 29 (late payment of insurance claims);

(e) section 35 (grants etc towards electronic communications services and
networks), except subsection (2);

(f) section 36 (UK Government Investments Limited);

(g) 35section 38 (UK Green Investment Bank: transitional provision);

(h) paragraphs 4 and 5(2) and (3) of Schedule 6 (public sector exit
payments: amendments of public sector schemes);

(i) this Part.

(2) Paragraphs 1 and 15 of Schedule 1 (establishment of Small Business
40Commissioner as corporation sole and provisions about the application of the
seal etc) extend to England and Wales and Northern Ireland.

(3) Section 23 (the Institute for Apprenticeships: transitional provision) extends to
England and Wales.

(4) Subject to subsection (1), any amendment, repeal or revocation made by this
45Act has the same extent as the enactment amended, repealed or revoked.

46 Short title

This Act may be cited as the Enterprise Act 2016.

SCHEDULES

Section 1

SCHEDULE 1 The Small Business Commissioner

Status

1 5The Commissioner is a corporation sole.

Appointment of Commissioner

2 The Commissioner is to be appointed by the Secretary of State.

Deputy Commissioners

3 The Secretary of State may appoint one or more Deputy Commissioners.

4 10The Commissioner may delegate any of the Commissioner’s functions to a
Deputy Commissioner.

Term of office etc

5 A person holds and vacates office as the Commissioner or a Deputy
Commissioner in accordance with the terms of the appointment, but—

(a) 15the initial term of office may not be more than 4 years,

(b) a person may be appointed for no more than 2 further terms of office
(whether as the Commissioner or a Deputy Commissioner),

(c) a further term may not be more than 3 years,

(d) the person may resign by giving written notice to the Secretary of
20State, and

(e) the Secretary of State may dismiss the person if satisfied that the
person is unable, unwilling or unfit to perform his or her functions.

Remuneration

6 The Secretary of State may pay to or in respect of the person holding office
25as the Commissioner or a Deputy Commissioner—

(a) remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

Commissioner and Deputy Commissioners not civil servants

7 30Service as the Commissioner or a Deputy Commissioner is not service in the
civil service of the state.

Acting as Commissioner during vacancy etc

8 (1) The nominated person is to act as Commissioner—

(a) during any vacancy in the office of Commissioner, or

(b) if the Commissioner is disqualified.

(2) 5The nominated person means—

(a) if there is only one Deputy Commissioner who is not disqualified,
that Deputy Commissioner,

(b) if there is more than one Deputy Commissioner who is not
disqualified, such of them as the Secretary of State appoints to act as
10Commissioner,

(c) if neither paragraph (a) nor (b) applies, a member of the
Commissioner’s staff appointed under paragraph 11, or seconded
under paragraph 12, who is appointed by the Secretary of State to act
as Commissioner.

(3) 15For the purposes of this paragraph a person is “disqualified” if the person is
absent, subject to suspension or unable to act (whether as a result of
arrangements under paragraph 9 or otherwise).

Conflicts of interest

9 (1) The Commissioner must make procedural arrangements for dealing with
20any conflict of interest affecting—

(a) the Commissioner,

(b) a Deputy Commissioner,

(c) a member of staff acting as the Commissioner under paragraph
8(2)(c), or

(d) 25any other staff working for the Commissioner.

(2) The Commissioner must consult the Secretary of State before making or
revising the arrangements.

(3) The Commissioner must publish a summary of the arrangements.

Validity of acts

10 30A defect in appointment does not affect the validity of things done by the
Commissioner, a Deputy Commissioner or a member of staff acting as the
Commissioner under paragraph 8(2)(c).

Staff

11 (1) The Commissioner may appoint staff.

(2) 35Staff are to be appointed on terms and conditions determined by the
Commissioner.

(3) The terms and conditions on which a member of staff is appointed may
provide for the Commissioner to pay to or in respect of the member of
staff—

(a) 40remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

(4) Service as a member of the Commissioner’s staff appointed under sub-
paragraph (1) is not service in the civil service of the state.

12 (1) The Commissioner may make arrangements for persons to be seconded to
the Commissioner to serve as members of the Commissioner’s staff.

(2) 5The arrangements may include provision for payments by the
Commissioner to the person with whom the arrangements are made or
directly to seconded staff (or both).

(3) A period of secondment to the Commissioner does not affect the continuity
of a person’s employment with the employer from whose service he or she
10is seconded (and, in particular, nothing in paragraph 11(4) affects such a
person’s continuity of service in the civil service of the state).

13 Before appointing staff under paragraph 11 or making arrangements under
paragraph 12(1), the Commissioner must obtain the approval of the
Secretary of State as to the Commissioner’s policies on—

(a) 15the number of staff to be appointed or seconded;

(b) payments to be made to or in respect of staff;

(c) the terms and conditions on which staff are to be appointed or
seconded.

Financial and other assistance from the Secretary of State

14 (1) 20The Secretary of State may make payments and provide other financial
assistance to the Commissioner.

(2) The Secretary of State may—

(a) provide staff in accordance with arrangements made by the
Secretary of State and the Commissioner under paragraph 12;

(b) 25provide premises, facilities or other assistance to the Commissioner.

Application of seal and proof of documents

15 (1) The application of the Commissioner’s seal must be authenticated by the
signature of—

(a) the Commissioner, or

(b) 30a person who has been authorised by the Commissioner for that
purpose (whether generally or specially).

(2) A document purporting to be duly executed under the seal—

(a) is to be received in evidence, and

(b) is to be treated as duly executed unless the contrary is shown.

35Incidental powers

16 The Commissioner may do anything that is calculated to facilitate the
carrying out of the Commissioner’s functions or is conducive or incidental
to the carrying out of those functions.

Exemption from liability for damages

17 (1) 40The following are exempt from liability in damages for anything done or
omitted in the exercise or purported exercise of their functions—

(a) the Commissioner,

(b) a Deputy Commissioner,

(c) a member of staff acting as the Commissioner under paragraph
8(2)(c), and

(d) 5any other staff working for the Commissioner.

(2) But sub-paragraph (1) does not apply—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages made in respect of an act or
omission on the ground that the act or omission was unlawful as a
10result of section 6(1) of the Human Rights Act 1998 (acts of public
authorities).

Parliamentary Commissioner Act 1967

18 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), at the appropriate place insert—

• 15““Small Business Commissioner.”

House of Commons Disqualification Act 1975

19 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices), at the appropriate place insert—

• ““Small Business Commissioner or Deputy Small Business
  20Commissioner.”

Northern Ireland Assembly Disqualification Act 1975

20 In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices), at the appropriate place insert—

• ““Small Business Commissioner or Deputy Small Business
  25Commissioner.”

Freedom of Information Act 2000

21 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities), at the appropriate place insert—

• ““Small Business Commissioner.”

Section 14

30SCHEDULE 2 Business impact target: consequential and related amendments

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

2 (1) In section 23 (Secretary of State’s duty to publish reports in respect of the
35business impact target), subsection (3) (things to be included in a report) is
amended as follows.

(2) Omit the “and” at the end of paragraph (e).

(3) In paragraph (f) (report to include a list of certain regulatory provisions) for

the words from “which have” to the end substitute “which—

(i) have come into force or ceased to be in force during
the reporting period,

(ii) fall within section 22(6)(a) or (b), and

(iii) 5do not fall within paragraph (a),”.

(4) After that paragraph insert—

“(g) a summary of all the regulatory provisions (as defined in
section 22(3)) which—

(i) have come into force or ceased to be in force during
10the reporting period,

(ii) fall within section 22(6)(c), and

(iii) do not fall within paragraph (a).”

3 In that section, after subsection (3) insert—

“(3A) The contribution of qualifying regulatory provisions which have
15come into force or ceased to be in force during preceding reporting
periods to the aggregate economic impact mentioned in subsection
(3)(d) is to be assessed by reference to the assessments in relation to
those provisions included in reports in respect of those periods
under subsection (3)(b).”

4 20After section 24 insert—

“24A Duty on relevant regulators to assess economic impact etc

(1) A relevant regulator must publish the required documents in respect
of each reporting period during the relevant period.

(2) The required documents are—

(a) 25a list of all qualifying regulatory provisions which—

(i) have effect by virtue of the exercise of a function
conferred on the regulator, and

(ii) have come into force or ceased to be in force during
the reporting period;

(b) 30an assessment verified by the body appointed under section
25 of the economic impact on business activities of each
qualifying regulatory provision falling within paragraph (a)
made by reference to the methodology published under
section 21(3)(b);

(c) 35a summary of all regulatory provisions (as defined in section
22(3)) which—

(i) have effect by virtue of the exercise of a function
conferred on the regulator,

(ii) have come into force or ceased to be in force during
40the reporting period, and

(iii) do not fall within paragraph (a).

(3) The required documents must be published no later than two weeks
after the end of the reporting period, if they are in respect of a
reporting period mentioned in any of section 23(7)(a) to (d).

(4) 45If the required documents are in respect of a reporting period
mentioned in section 23(7)(e)—

(a) they must be published at least two weeks before the
dissolution of Parliament;

(b) the references to qualifying regulatory provisions or
regulatory provisions which have come into force or ceased
5to be in force during the reporting period include qualifying
regulatory provisions or regulatory provisions which are
expected to come into force or to cease to be in force during
that reporting period.

(5) A relevant regulator must have regard to any guidance issued from
10time to time by the Secretary of State in relation to the required
documents.

(6) The guidance may, in particular, include guidance as to—

(a) information that should be published, or given to the body
appointed under section 25, in advance of the publication of
15a required document;

(b) the time when a required document should be published
(subject to subsections (3) and (4)(a));

(c) the form of a required document or the manner in which it
should be published.

(7) 20In this section “relevant regulator” has the same meaning as in
section 22 (see subsection (9) of that section).”

5 In section 26 (amending the business impact target etc) after subsection (4)
insert—

“(5) If the Secretary of State amends the thing mentioned in subsection
25(1)(c) a relevant regulator must—

(a) amend anything already published under section 24A or this
section so that it takes account of the amendments;

(b) make a back-dated assessment in relation to any regulatory
provision which—

(i) 30is a qualifying regulatory provision by virtue of the
amendments,

(ii) has effect by virtue of the exercise of a function
conferred on the regulator, and

(iii) came into force or ceased to be in force in a past
35reporting period;

(c) publish anything amended and any back-dated assessment.

(6) A “back-dated assessment” is an assessment of the economic impact
on business activities of a regulatory provision mentioned in
subsection (5)(b), in respect of the past reporting period in which the
40provision came into force or ceased to be in force, made by reference
to the methodology published under section 21(3)(b).

(7) If the Secretary of State amends the thing mentioned in subsection
(1)(d) a relevant regulator must—

(a) amend any assessment or back-dated assessment already
45published under section 24A or this section so that it takes
account of the amendments;

(b) publish any amended assessment or back-dated assessment.

(8) Each back-dated assessment, amended assessment or amended
back-dated assessment is to be verified by the body appointed under
section 25 before it is published.

(9) If the Secretary of State amends the thing mentioned in subsection
5(1)(c) or (d), a relevant regulator must have regard to any guidance
issued by the Secretary of State in relation to anything to be
published under subsection (5) or (7) (any “updating document”).

(10) The guidance may, in particular, include guidance as to—

(a) information that should be published, or given to the body
10appointed under section 25, in advance of the publication of
an updating document;

(b) the time when an updating document should be published;

(c) the form of an updating document or the manner in which it
should be published.

(11) 15In this section “relevant regulator” has the same meaning as in
section 22 (see subsection (9) of that section).”

Section 20

SCHEDULE 3 Primary authority scheme: new Schedule 4A to RESA 2008

This is the Schedule 4A to be substituted for Schedule 4 to the Regulatory
20Enforcement and Sanctions Act 2008—

Sections 25B and 25C

““Schedule 4A References to the Secretary of State

Part 1 Enforcement action by primary authority

1 (1) If the primary authority notifies the regulated person, or a
25member of the regulated group, under section 25B(2)(a) that it
proposes to take enforcement action against the regulated person
or the member, the regulated person or the member may, with the
consent of the Secretary of State, refer the proposed enforcement
action to the Secretary of State.

(2) 30On a reference under sub-paragraph (1) the Secretary of State
must—

(a) if satisfied as to the matters in sub-paragraph (3), direct the
primary authority not to take the proposed enforcement
action;

(b) 35otherwise, consent to the action.

(3) The matters referred to in sub-paragraph (2) are that—

(a) the proposed enforcement action is inconsistent with
advice or guidance previously given by the primary
authority (generally or specifically), and

(b) 40the advice or guidance was correct and properly given.