Enterprise and Regulatory Reform Bill

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 20th November 2012, as follows—

Clauses 1 to 7
Schedule 1
Clause 8
Schedule 2
Clauses 9 to 14
Schedule 3
Clauses 15 to 20
Schedule 4
Clause 21
Schedules 5 and 6
Clauses 22 to 24
Schedule 7
Clauses 25 and 26
Schedule 8
Clauses 27 and 28
Schedule 9
Clause 29
Schedule 10
Clause 30
Schedule 11
Clauses 31 and 32
Schedule 12
Clauses 33 to 35
Schedule 13
Clauses 36 to 45
Schedule 14
Clauses 46 to 49
Schedule 15
Clauses 50 to 52
Schedule 16
Clauses 53 to 55
Schedule 17
Clauses 56 to 63
Schedules 18 and 19
Clause 64
Schedule 20
Clauses 65 to 68
Schedule 21
Clauses 69 to 80

[Amendments marked * are new or have been altered]

Clause 1

LORD ADONIS

BARONESS WORTHINGTON

1*

Page 1, line 6, leave out paragraph (b) and insert—

“(b) the advancement of initiatives with the purpose of facilitating significant improvements in natural resource efficiency and energy savings;”

LORD ADONIS

LORD MITCHELL

2*

Page 1, line 11, at end insert—

“(3) In undertaking investments in accordance with the green purposes outlined in subsection (1), the UK Green Investment Bank will identify opportunities in which small and medium-sized enterprises may be awarded contracts.”

LORD ADONIS

BARONESS WORTHINGTON

3*

Page 1, line 11, at end insert—

“(3) The Bank shall set out annual targets for the reduction in greenhouse gas emissions achieved by its investments.”

After Clause 1

LORD TEVERSON

LORD ADONIS

BARONESS WORTHINGTON

LORD WHITTY

4

Insert the following new Clause—

“Interpretation of the green purposes: duty to assess impact on the Climate Change Act 2008

(1) In interpreting the purposes set out in section 1(1), it is the duty of the Board of the UK Green Investment Bank to assess whether the implementation of its investment strategy, or similar document outlining or amending the proposed investment portfolio, will as a whole, increase the likelihood of achieving carbon budgets and greenhouse reduction targets under the Climate Change Act 2008.

(2) Whether or not an investment strategy will increase the likelihood of achieving carbon budgets and greenhouse gas reduction targets shall be assessed in comparison with a scenario where the identified investments or investment categories did not proceed.

(3) In undertaking the assessment required under this section, it is the duty of the Board of the UK Green Investment Bank to have regard to the advice and reports of the Committee on Climate Change required under sections 34, 36, and 38 of the Climate Change Act 2008.

(4) The Board must not make a decision to adopt or amend its investment strategy or similar document as set out in subsection (1) unless it is satisfied, as a result of the assessment under this section, that the proposed investment portfolio will, as a whole, increase the likelihood of achieving carbon budgets and greenhouse gas reduction targets under the Climate Change Act 2008.”

Clause 2

LORD ADONIS

LORD STEVENSON OF BALMACARA

5*

Page 2, line 1, after “State” insert “has laid before Parliament a copy of the Bank’s articles of association and a statement confirming that she”

Clause 4

LORD TEVERSON

6

Page 3, line 10, at end insert—

“(f) a proportion of proceeds due to the UK Government as a result of the auctioning of emission permits under the European Union Emissions Trading Scheme.”

LORD ADONIS

BARONESS WORTHINGTON

7*

Page 3, line 10, at end insert—

“(3A) The Secretary of State shall consult on additional forms in which the Bank may raise investment funding, including the issuance of bonds.

(3B) The Secretary of State shall consult the Bank of England granting the Bank access to the Quantitative Easing programme.

(3C) The Secretary of State shall report to Parliament on the results of a consultation under subsections (3A) and (3B) no later than 12 months following enactment.”

LORD TEVERSON

LORD WHITTY

LORD STERN OF BRENTFORD

LORD OXBURGH

8

Page 3, line 21, at end insert—

“(7) It is the duty of the Secretary of State to provide the European Commission with State aid notification concerning the intention to allow the Bank to borrow, including borrowing from the capital markets.

(8) The duty in subsection (7) must be fulfilled no later than 31 December 2013.

(9) In the event the European Commission approves the State aid notification concerning borrowing, it is the duty of the Treasury and of the Secretary of State to permit the Green Investment Bank to begin borrowing from the capital markets no later than 30 June 2015, or, if State aid approval has not been received by that date, no later than one month from the date of approval.”

LORD ADONIS

LORD MITCHELL

9*

Page 3, line 21, at end insert—

“(7) It is the duty of the Secretary of State to provide the European Commission with State aid notification concerning the intention to allow the Bank to borrow, including borrowing from the capital markets.

(8) The duty in subsection (7) must be fulfilled no later than 31 December 2013.

(9) Subject to State aid approval subsequent to an application under subsection (7), it is the duty of HM Treasury and the Secretary of State to either—

(a) permit the UK Green Investment Bank to begin borrowing from the capital markets by April 2015; or

(b) to present to Parliament a report within one month of the passage of this Act giving a clear alternative date for the UK Green Investment Bank to begin borrowing, based on Office for Budget Responsibility forecasts for the public finances and advice from the Green Investment Bank on its need for borrowing powers.”

LORD ADONIS

LORD STEVENSON OF BALMACARA

10*

Page 3, line 21, at end insert—

“(7) The Bank shall set out as part of its investment strategy a target for the leveraging of additional private sector investment by 31 March 2015 and annually thereafter.”

After Clause 4

LORD TEVERSON

11

Insert the following new Clause—

“The UK Green Investment Bank: fund management

(1) Within one year of the passing of this Act, the Green Investment Bank will take responsibility for the management and investment of funds of the Nuclear Liabilities Fund (NLF) on behalf of the NLF’s trustees.

(2) The Green Investment Bank will take responsibility for the management and investment of funds set aside for the purposes of future nuclear waste disposal and decommissioning by the operators of any nuclear power plants within the United Kingdom that commence operation after 31 December 2012.

(3) The funds managed under subsections (1) and (2) shall be managed and invested in such a way as to fulfil the same purposes as set out in section 1.”

Clause 5

LORD ADONIS

LORD STEVENSON OF BALMACARA

12*

Page 3, line 27, at end insert—

“(2) The UK Green Investment Bank must ensure that—

(a) all studies or assessments conducted in the preparation of a business plan, and their accompanying terms of reference,

(b) all written correspondence exchanged between the Government Shareholder and the Board, and

(c) all key operational documents, including internal working documents of the Bank relating to investment decisions,

are made available on a website maintained in accordance with the requirements of this section, subject to the exemptions specified in subsection (3).

(3) Information contained in documents required to be disclosed by subsection (2) may be withheld or redacted by the Bank where in the reasonable opinion of a qualified person—

(a) its disclosure would prejudice the commercial interests of any person (including the Bank),

(b) its disclosure would, or would be likely to, inhibit—

(i) the free and frank provision of advice to or within the Bank,

(ii) the free and frank exchange of views within the Bank for the purposes of deliberation,

(c) its disclosure would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of the Bank’s business,

(d) a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in relation to it in legal proceedings, or

(e) its disclosure—

(i) is prohibited by or under any enactment, or

(ii) would constitute or be punishable as a contempt of court, and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

(4) The documents specified in subsection (2) must be made available on the Bank’s website or a website that is maintained by or on behalf of the Bank.

(5) Access to the documents specified in subsection (2) on the website must not be—

(a) conditional on the payment of a fee, or

(b) otherwise restricted, except so far as necessary to comply with any enactment or regulatory requirement (in the United Kingdom or elsewhere).”

LORD ADONIS

BARONESS WORTHINGTON

13*

Page 3, line 27, at end insert—

“( ) The Bank shall publish in its annual report what proportion of investments made in accordance with the green purposes outlined in section 1(1) shall be allocated to proven technologies, and make a proposal for that proportion over its forward plan for the next three years.”

Clause 6

LORD ADONIS

LORD STEVENSON OF BALMACARA

14*

Page 3, line 35, leave out subsection (2) and insert—

“(2) The Secretary of State must prepare and lay before both Houses of Parliament a report on the activities and investments of the UK Green Investment Bank.

(2A) The Secretary of State must lay a report before Parliament as provided for under subsection (2) within 12 months of the coming into force of this Act, and annually thereafter.

(2B) The report under subsection (2) must, in particular, include or contain information about—

(a) the investments undertaken by the UK Green Investment Bank during this period,

(b) how the UK Green Investment Bank is achieving its green purposes as set out in section 1,

(c) a value-for-money and efficiency statement,

(d) the identification and management of risk in respect of UK Green Investment Bank objects and investments,

(e) how the UK Green Investment Bank is not duplicating investments made in the markets, and

(f) how the UK Green Investment Bank has applied the Main Principles as set out in the UK Corporate Governance Code.”

15*

Page 4, line 9, at end insert—

“(5) The Secretary of State must make provision for an independent expert review of the performance of the UK Green Investment Bank.

(6) A review under subsection (5) must be prepared every five years following the commencement of this Act.

(7) An interim review shall be prepared no less frequently than every two and a half years.

(8) A review under subsection (5) must, in particular, include or contain information relating to—

(a) an assessment of the UK Green Investment Bank’s environmental performance in fulfilling the green purposes as set out in section 1,

(b) an analysis of the main trends and factors likely to affect the future development, performance and investments of the UK Green Investment Bank,

(c) macro-economic analysis, including assessments of demand in the UK economy and international factors likely to affect green investment and skills within the relevant industries,

(d) assessment of the competitiveness of the UK Green Investment Bank in securing competitive advantage for the UK in green and low carbon economies relative to other countries, and

(e) recommendations to improve the UK Green Investment Bank’s impact in fulfilling its green purposes in section 1.

(9) A review conducted under subsection (5) must consult—

(a) The Secretary of State for Energy and Climate Change,

(b) The Secretary of State for Environment, Food and Rural Affairs,

(c) The Committee on Climate Change,

(d) Ministers from the devolved administrations,

(e) investors and interested parties, and

(f) members of the public.

(10) The Secretary of State, in the capacity of shareholder, must provide such information as they consider reasonable to enable the person or body undertaking the review to fulfill the requirements of this subsection.

(11) A review under subsection (5) must be published and laid before both Houses of Parliament.”

After Clause 6

LORD ADONIS

LORD STEVENSON OF BALMACARA

16*

Insert the following new Clause—

“General disclosure requirements

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In Part VI of Schedule 1, after “The Great Britain China Centre”, insert “The UK Green Investment Bank”.”

Clause 7

BARONESS TURNER OF CAMDEN

17

Page 4, line 32, at end insert—

“( ) Should the intervention of the conciliation officer not result in an agreed settlement, the claimant may proceed immediately to an employment tribunal.”

18

Page 4, line 33, leave out from beginning to end of line 5 on page 5

19

Page 5, leave out lines 6 to 8

20

Page 5, leave out lines 23 to 43

Clause 11

BARONESS TURNER OF CAMDEN

 

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 11 stand part of the Bill.

Clause 12

BARONESS TURNER OF CAMDEN

 

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 12 stand part of the Bill.

Clause 13

BARONESS TURNER OF CAMDEN

 

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 13 stand part of the Bill.

Clause 15

LORD MARLAND

21*

Page 12, line 5, at end insert —

“(2) Section 43K of that Act (extension of meaning of “worker”) is amended as set out in subsections (3) to (8).

(3) In subsection (1)(ba)—

(a) for “section 84 or 100 of” substitute “section 83(2), 84, 92, 100, 107, 115(4), 117 or 134 of, or Schedule 12 to,”;

(b) for “section 42 or 57 of” substitute “section 41(2)(b), 42, 50, 57, 64 or 92 of, or Schedule 7 to,”;

(c) omit the words after “the National Health Service (Wales) Act 2006”.

(4) In subsection (1)(bb), after “section 17J” insert “or 17Q”.

(5) In subsection (1)(c)—

(a) for the words before “in accordance with arrangements” substitute “works or worked as a person providing services”;

(b) in sub-paragraph (ii), after “section” insert “2C, 17AA, 17C,”.

(6) Omit subsection (1)(ca) and the preceding “or”.

(7) Omit subsection (2)(ba).

(8) After subsection (3) insert—

“(4) The Secretary of State may by order make amendments to this section as to what individuals count as “workers” for the purposes of this Part (despite not being within the definition in section 230(3)).

(5) An order under subsection (4) may not make an amendment that has the effect of removing a category of individual unless the Secretary of State is satisfied that there are no longer any individuals in that category.”

(9) In section 236(3) of that Act (orders etc subject to affirmative resolution procedure), after “shall be made under section” insert “43K(4),”.

(10) In consequence of the amendments made by subsections (6) and (7), omit paragraph 7(a)(ii) and (b) of the Schedule to the Smoking, Health and Social Care (Scotland) Act 2005 (Consequential Modifications) (England, Wales and Northern Ireland) Order 2006 (S.I.2006/1056).

(11) Until the coming into force of the repeal (made by Schedule 3 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13)) of sections 27 to 28 of the National Health Service (Scotland) Act 1978 (“the 1978 Act”), section 43K(1)(c)(ii) of the Employment Rights Act 1996 has effect as if it included a reference to section 27A of the 1978 Act.”

BARONESS TURNER OF CAMDEN

 

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 15 stand part of the Bill.

After Clause 15

LORD TOUHIG

LORD WILLS

LORD LOW OF DALSTON

BARONESS DEAN OF THORNTON-LE-FYLDE

22

Insert the following new Clause—

“Duty on employers to prevent detriment caused by others to workers who have made protected disclosures

(1) The Secretary of State shall make regulations requiring an employer, where a worker has made a protected disclosure under section 43A of the Employment Rights Act 1996, to take reasonable steps to ensure that the worker is not subjected to any detriment by any act, or any deliberate failure to act, by a person other than his employer done on the ground that the worker has made the disclosure.

(2) Regulations under this section—

(a) are to be made by statutory instrument, and

(b) are not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

23

Insert the following new Clause—

“Removal of requirement for protected disclosures to be made in good faith

(1) The Employment Rights Act 1996 is amended as follows.

(2) In section 43C(1) (disclosure to employer or other responsible person), omit “in good faith”.

(3) In section 43E(b) (disclosure to Minister of the Crown), omit “in good faith”.

(4) In section 43F(1)(a) (disclosure to prescribed person), omit “in good faith”.

(5) In section 43G (disclosure in other cases), in subsection (1)(a) omit “makes the disclosure in good faith” and in paragraph (b) leave out “he”.

(6) In section 43H (disclosure of exceptionally serious failure), in subsection (1)(a) omit “makes the disclosure in good faith” and in paragraph (b) leave out “he”.”

Clause 16

BARONESS TURNER OF CAMDEN

24

Page 12, line 15, at end insert—

“(aa) where the claimant, on the advice of the Judge, withdraws a part or the whole of the claim, any deposit shall be repaid”

Clause 20

VISCOUNT ECCLES

 

Viscount Eccles gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.

Clause 21

VISCOUNT ECCLES

 

Viscount Eccles gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill.

Clause 26

VISCOUNT ECCLES

 

Viscount Eccles gives notice of his intention to oppose the Question that Clause 26 stand part of the Bill.

After Clause 26

LORD HUNT OF WIRRAL

25

Insert the following new Clause—

“Small mergers

Small mergers

(1) Section 23 of the 2002 Act (relevant merger situations) is amended as follows.

(2) After subsection (9) insert—

“(10) A relevant merger situation shall not be created where the value of the turnover in the United Kingdom of the enterprise being taken over does not exceed £5 million.””

Clause 34

VISCOUNT ECCLES

26*

Page 32, line 7, leave out from beginning to end of line 11 on page 33

Clause 56

BARONESS TURNER OF CAMDEN

27

Page 54, line 40, leave out paragraph (a)

28

Page 55, line 2, leave out subsection (2)

Clause 57

BARONESS THORNTON

LORD LESTER OF HERNE HILL

BARONESS TURNER OF CAMDEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill.

Clause 58

BARONESS THORNTON

LORD LESTER OF HERNE HILL

BARONESS TURNER OF CAMDEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.

Clause 60

BARONESS GREENGROSS

 

Baroness Greengross gives notice of her intention to oppose the Question that Clause 60 stand part of the Bill.

Clause 61

BARONESS TURNER OF CAMDEN

 

Baroness Turner of Camden gives notice of her intention to oppose the Question that Clause 61 stand part of the Bill.

Clause 68

LORD HOWARTH OF NEWPORT

29

Page 64, line 12, after “paid” insert “if deemed required”

Prepared 30th November 2012