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Enterprise and Regulatory Reform Bill (HL Bill 45)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department for Business, Innovation
and Skills, are published separately as HL Bill 45—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Marland has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Enterprise and Regulatory Reform Bill are
compatible with the Convention rights.

Contents

  1. Part 1

    UK Green Investment Bank

    1. 1. The green purposes

    2. 2. Designation of the UK Green Investment Bank

    3. 3. Alteration of the objects of the UK Green Investment Bank

    4. 4. The UK Green Investment Bank: financial assistance

    5. 5. The UK Green Investment Bank: accounts and reports

    6. 6. The UK Green Investment Bank: documents to be laid before Parliament

  2. Part 2

    Employment

    1. Conciliation

      1. 7. Conciliation before institution of proceedings

      2. 8. Extension of limitation periods to allow for conciliation

      3. 9. Extended power to define “relevant proceedings” for conciliation purposes

    2. Procedure for deciding tribunal cases

      1. 10. Decisions by legal officers

      2. 11. Composition of Employment Appeal Tribunal

    3. Unfair dismissal

      1. 12. Confidentiality of negotiations before termination of employment

      2. 13. Power by order to increase or decrease limit of compensatory award

    4. Financial penalties

      1. 14. Power of employment tribunal to impose financial penalty on employers etc

    5. Miscellaneous

      1. 15. Disclosures not protected unless believed to be made in the public interest

      2. 16. Tribunal procedure: miscellaneous

      3. 17. Indexation of amounts: timing and rounding

      4. 18. Renaming of “compromise agreements”, “compromise contracts” and
        “compromises”

    6. General

      1. 19. Transitional provision

  3. Part 3

    The Competition and Markets Authority

    1. 20. The Competition and Markets Authority

    2. 21. Abolition of the Competition Commission and the OFT

    3. 22. Transfer schemes

  4. Part 4

    Competition Reform

    1. Chapter 1

      Mergers

      1. Investigation powers

        1. 23. Investigation powers: mergers

      2. Interim measures

        1. 24. Interim measures: pre-emptive action: mergers

        2. 25. Interim measures: financial penalties: mergers

      3. Time-limits

        1. 26. Time-limits etc: mergers

    2. Chapter 2

      Markets

      1. Cross-market investigations

        1. 27. Power of CMA to make cross-market references

        2. 28. Ministerial power to make cross-market references

      2. Public interest interventions

        1. 29. Public interest interventions in markets investigations

      3. Investigation powers

        1. 30. Investigation powers: markets

      4. Interim measures

        1. 31. Interim measures: pre-emptive action: markets

      5. Time-limits and procedure

        1. 32. Market studies and market investigations: consultation and time-limits

    3. Chapter 3

      Anti-trust

      1. Investigation powers

        1. 33. Investigations: power to ask questions

        2. 34. Civil enforcement of investigation powers

        3. 35. Extension of powers to issue warrants to CAT

        4. 36. Part 1 of the 1998 Act: procedural matters

      2. Interim measures and other sanctions

        1. 37. Threshold for interim measures

        2. 38. Penalties: guidance etc.

      3. Miscellaneous

        1. 39. Power for Secretary of State to impose time-limits on investigations etc.

        2. 40. Review of operation of Part 1 of 1998 Act

    4. Chapter 4

      Cartels

      1. 41. Cartel offence

      2. 42. Extension of power to issue warrants to CAT

    5. Chapter 5

      Miscellaneous

      1. Enforcement orders: markets and mergers

        1. 43. Enforcement orders: monitoring compliance and determination of disputes

        2. 44. Enforcement orders: provision of information

      2. Concurrency

        1. 45. Powers of sector regulators

      3. Miscellaneous

        1. 46. Recovery of CMA’s costs in respect of price control references

        2. 47. Disclosure etc. of information: offences

        3. 48. Review of certain provisions of Chapters 1 and 2

        4. 49. Minor and consequential amendments

        5. 50. Interpretation

  5. Part 5

    Reduction of legislative burdens

    1. Sunset and review

      1. 51. Sunset and review provisions

    2. Heritage planning etc

      1. 52. Listed buildings in England: agreements and orders granting listed building
        consent

      2. 53. Listed buildings in England: certificates of lawfulness

      3. 54. Osborne estate

      4. 55. Heritage planning regulation

    3. Equality Acts

      1. 56. Commission for Equality and Human Rights

      2. 57. Equality Act 2010: third party harassment of employees and applicants

      3. 58. Equality Act 2010: obtaining information for proceedings

    4. Regulatory Enforcement and Sanctions Act 2008

      1. 59. Primary authorities

      2. 60. Inspection plans

    5. Miscellaneous

      1. 61. Civil liability for breach of health and safety duties

      2. 62. Estate agency work

      3. 63. Bankruptcy applications: determination by adjudicators

      4. 64. Unnecessary regulation: miscellaneous

  6. Part 6

    Miscellaneous and general

    1. Copyright and rights in performances

      1. 65. Exploitation of design derived from artistic work

      2. 66. Power to change exceptions: copyright and rights in performances

      3. 67. Power to reduce duration of copyright in transitional cases

      4. 68. Licensing of copyright and performers’ rights

      5. 69. Penalties under provision implementing Directive on term of protection

    2. Payments to directors of quoted companies

      1. 70. Members’ approval of directors’ remuneration policy

      2. 71. Restrictions on payments to directors

      3. 72. Payments to directors: minor and consequential amendments

      4. 73. Payments to directors: transitional provision

    3. Equal pay audits

      1. 74. Power to provide for equal pay audits

    4. General

      1. 75. Consequential amendments, repeals and revocations

      2. 76. Transitional, transitory or saving provision

      3. 77. Financial provision

      4. 78. Extent

      5. 79. Commencement

      6. 80. Short title

    1. Schedule 1

      Conciliation: minor and consequential amendments

    2. Schedule 2

      Extension of limitation periods to allow for conciliation

    3. Schedule 3

      Financial penalties: minor and consequential amendments

    4. Schedule 4

      The Competition and Markets Authority

      1. Part 1

        General

      2. Part 2

        The CMA Board

      3. Part 3

        The CMA panel

      4. Part 4

        Interpretation and transitional and transitory provision

    5. Schedule 5

      Amendments related to Part 3

      1. Part 1

        Transfer of functions under the 1998 Act to the CMA

      2. Part 2

        Transfer of functions under the 2002 Act to the CMA

      3. Part 3

        Abolition of the Competition Commission

      4. Part 4

        Abolition of the Office of Fair Trading

    6. Schedule 6

      Regulatory appeals etc: minor and consequential amendments

      1. Part 1

        Amendments to Acts

      2. Part 2

        Amendments to other enactments

    7. Schedule 7

      Mergers: interim measures

    8. Schedule 8

      Mergers: time-limits

    9. Schedule 9

      Markets: cross-market references

    10. Schedule 10

      Markets: public interest interventions

    11. Schedule 11

      Markets: investigation powers

    12. Schedule 12

      Markets: time-limits

    13. Schedule 13

      Extension of powers to issue warrants under the 1998 Act to
      CAT

    14. Schedule 14

      Regulators: use of powers under the 1998 Act

    15. Schedule 15

      Minor and consequential amendments: Part 4

    16. Schedule 16

      Local listed building consent orders: procedure

    17. Schedule 17

      Heritage planning regulation

    18. Schedule 18

      Adjudicators: bankruptcy applications by debtors and
      bankruptcy orders

    19. Schedule 19

      Adjudicators: minor and consequential amendments

    20. Schedule 20

      Unnecessary regulation: miscellaneous

      1. Part 1

        Notification of TV sales etc

      2. Part 2

        Water undertakers: in-area ban

      3. Part 3

        Bankruptcy early discharge procedure

    21. Schedule 21

      Licensing of copyright and performers’ rights

      1. Part 1

        Regulation of licensing bodies

      2. Part 2

        Performers’ rights