Growth and Infrastructure Bill

FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 16th January 2013, as follows—

Clauses 27 to 32

[Amendments marked * are new or have been altered]

Clause 27

LORD PANNICK

LORD ADONIS

81D

Page 34, line 15, at end insert—

“(d) the conditions regulating the agreement contained in subsection (12) are satisfied.”

LORD ADONIS

LORD PANNICK

82

Page 34, line 15, at end insert—

“( ) Any individual who declines to enter into an agreement under section 27 of the Growth and Infrastructure Act 2013 shall not suffer any consequential reduction or withdrawal of any state benefits to which they are entitled to by virtue of their current employment status.”

BARONESS BRINTON

LORD TOPE

82A

Page 34, line 15, at end insert—

“(1A) Before entering into an agreement for employee shareholder status—

(a) the employee or prospective employee shall have the right to receive appropriate legal advice, or

(b) the company shall draw to the attention of the employee or prospective employee their right to receive appropriate legal advice.”

82B

Page 34, line 15, at end insert—

“(1B) The company must make available such funds as are necessary to provide appropriate legal advice under subsection (1A) to employees or prospective employees.”

LORD ADONIS

LORD PANNICK

83

Page 34, leave out lines 17 and 18

84

Page 34, leave out lines 19 and 20

85

Page 34, leave out line 21

86

Page 34, leave out line 22

87

Page 34, leave out lines 23 to 32

88

Page 34, leave out lines 33 to 38

89

Page 34, leave out lines 39 to 43

BARONESS BRINTON

LORD TOPE

90

Page 35, line 4, at end insert—

“( ) The refusal to enter a voluntary agreement under subsection (1)(a) by any person shall not be grounds for reducing or withdrawing any state benefit to which they are entitled by virtue of their current employment status.”

91

Page 35, line 25, at end insert—

“(10A) The meaning of “appropriate legal advice” for the purposes of this section shall be determined by the Secretary of State.”

LORD PANNICK

LORD ADONIS

92

Page 35, line 28, at end insert—

“(12) For the purposes of subsection (1)(d) the conditions regulating the agreement that an individual is to be an employee shareholder are as follows—

(a) the agreement must be in writing,

(b) the agreement must specify—

(i) the employment rights which the individual will not have if he agrees to become an employee shareholder, and

(ii) the value of the shares which the individual will be issued or allotted,

(c) the individual must have received advice from an independent practising barrister or solicitor (who is not employed by or acting for the employer or any associated company) as to the terms and effects of the proposed agreement and in particular its effects on his current or prospective employment rights,

(d) the individual must have received advice from an independent adviser on the valuation and prospects of the shares which the company proposes to issue or allot to the individual or proposes to procure the issue or allotment to the individual,

(e) a person is an independent adviser for the purpose of paragraph (d) above if he is a regulated individual with appropriate experience to provide advice on the valuation and prospects of shares, as specified in an Order made by the Secretary of State,

(f) the agreement must identify the relevant advisers who have provided advice for the purposes of paragraphs (c) and (d) above, and

(g) the agreement must state that the conditions set out in paragraphs (a) to (f) above are satisfied.”

LORD ADONIS

93

Page 36, line 5, at end insert—

“(7) This section shall only come into operation after an independent assessment of the revenue implications for HMRC, conducted by the Office for Budget Responsibility, in respect of each financial year from 2014 to 2030, is laid before both Houses of Parliament.”

LORD ADONIS

LORD PANNICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.

After Clause 27

LORD JENKIN OF RODING

94

Insert the following new Clause—

“Business improvement districts: proposals by local authorities

(1) The Business Improvement Districts (England) Regulations 2004 are amended as follows.

(2) In regulation 3, after paragraph (3) insert—

“(4) Where the BID proposer is the relevant billing authority, paragraph (2) shall not apply, but the relevant billing authority shall, at least 84 days before instructing the ballot holder to hold a BID ballot, notify the Secretary of State in writing of the authority’s intention to do so.”

(3) In regulation 4, after paragraph (4) insert—

“(5) Where the BID proposer is the relevant billing authority, paragraphs (2) and (4) shall not apply, but the relevant billing authority shall draw up a proposed business plan satisfying the description in paragraph (2)(a)(i)(bb).”

(4) In regulation 5, after paragraph (2) insert—

“(3) Where the relevant billing authority has drawn up BID proposals, the authority may instruct the ballot holder to hold a BID ballot.””

Prepared 5th February 2013