Session 2012-13
Other Public Bills before Parliament
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Enterprise and Regulatory Reform Bill
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Marshalled List]
Clause 5
LORD ADONIS
BARONESS WORTHINGTON
[In substitution for Amendment 13]
13A*
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 what proportion shall be allocated to innovative technologies; and shall make a proposal for these proportions over its forward plan for the next three years.”
Clause 7
BARONESS DONAGHY
LORD YOUNG OF NORWOOD GREEN
16A*
Page 4, line 13, at end insert—
“( ) Prior to the commencement of this section, the Secretary of State shall carry out an impact assessment into the effect of the introduction of proposed fees for the employment tribunal system and the impact this will have on the effectiveness of ACAS conciliation proceedings.”
20A*
Page 6, line 23, at end insert—
“(3) The Secretary of State must within 12 months of the coming into force of this Act, and afterwards annually, prepare and lay before both Houses of Parliament a report on the workings and implementation of this section.”
Clause 10
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
20B*
Page 7, line 19, at end insert—
“(6E) The Secretary of State and the Lord Chancellor acting jointly, shall consult on—
(a) the level of professional attainment required by legal officers to carry out provisions in subsection (6D);
(b) the appropriate remit of proceedings that an appointed legal officer could determine; and
(c) the appropriate mechanism for appeal,
with regards to the provisions of subsection (6D).”
Clause 11
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
20C*
Page 7, line 28, at end insert “with the consent of both parties”
20D*
Page 7, line 41, at end insert “such number to be greater than zero”
20E*
Page 8, line 3, at end insert—
“(7A) The Secretary of State must—
(a) prepare guidance for the purpose of assisting judges in deciding when it may be appropriate for proceedings to be heard by a judge alone; and
(b) publish and lay before Parliament guidance given under paragraph (a).”
20F*
Page 8, line 3, at end insert—
“(7B) In deciding for the purposes of this section whether proceedings should be heard by a judge alone, a judge must—
(a) have regard to any guidance published under subsection (7A); and
(b) in the case where he decides that proceedings should be heard by a judge alone, publish a statement explaining the reasons for his decision.”
Clause 12
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
20G*
Page 8, line 28, leave out “and the employee” and insert “, the employee and, if the employee so requests—
(a) a trade union official;
(b) a workplace representative; or
(c) a legal representative.”
20H*
Page 8, line 32, at end insert “or constructively”
20J*
Page 8, line 33, at end insert—
“(3A) The employer will provide to the employee a written statement, setting out the reasons for any offer made under subsection (2), and subsection (1) will not apply in relation to such statement.”
Clause 13
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
20K*
Page 9, leave out lines 5 to 14 and insert—
“(2A) Before the commencement of this section, the Secretary of State shall consult on the appropriate amount to be specified under subsection (2).
(2B) The Secretary of State must lay a copy of the results of any consultation undertaken under subsection (2A) before Parliament.”
Clause 14
LORD YOUNG OF NORWOOD GREEN
BARONESS HAYTER OF KENTISH TOWN
20L*
Page 10, line 14, at end insert—
“(1A) Subsection (1) does not apply where an insolvency office holder has been appointed to the employer company in any of the capacities specified in section 388(1)(a), (2)(a), (2A)(a) and (2A)(b) of the Insolvency Act 1986.”
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
20M*
Page 10, leave out lines 20 to 25
20N*
Page 11, line 47, at end insert—
“(11) Any money paid by an employer purporting to meet a liability to pay a penalty under this section shall be treated instead as payment of any financial award on a claim against that employer to the extent that any such award has not been paid.”
20P*
Page 11, line 47, at end insert—
“(11) Where an employment tribunal makes a financial award against an employer on a claim, that tribunal must also specify a date by which that award must be paid.
(12) A date specified under subsection (11) shall be no later than one month following the date on which the decision was made.
(13) The Secretary of State shall introduce an order providing for the payment of interest by an employer on any award that remains unpaid after the date specified under subsection (11).
(14) Any interest levied under subsection (13) shall be paid to the worker to which the claim has been awarded.”
Clause 15
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
20Q*
Page 12, line 4, leave out from “subsection” to end of line 5 and insert “(1)(b), after “any legal obligation to which that person is subject,”, insert “other than a private contractual obligation which is owed solely to that worker”.”