Growth and Infrastructure Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Marshalled List]

Clause 6

LORD TOPE

LORD SHIPLEY

 

Page 6, line 15, at end insert—

“(2A) An authority can only make a determination in accordance with subsection (3)(a) if it is satisfied, having regard to the development plan, that modifications to planning obligations other than the affordable housing requirements affecting the development or a reduction in the level of the community infrastructure levy payable would not be more appropriate.”

LORD SHIPLEY

LORD TOPE

 

Page 8, line 2, at end insert—

“(16) No applications shall be made under this section once three years have passed from it coming into effect.”

Clause 22

LORD GREENWAY

 

Page 22, line 39, leave out “Sections 128 and 129” and insert “In section 128”

 

Page 22, line 42, leave out “repealed” and insert “amended.

(1A) In subsection (1) leave out paragraph (a) and in paragraph (b) leave out “statutory undertakers (other than a local authority)” and insert “any persons authorised by any enactment to carry on any railway, dock, harbour, pier, or lighthouse undertaking”.

(1B) In subsection (3)(a) leave out “the local authority or (as the case may be) the statutory undertakers” and insert “the undertakers referred to in subsection (1)”.

(1C) Leave out subsections (5) and (6).”

 

Page 24, line 20, leave out subsection (4)

Clause 23

LORD GREENWAY

 

Page 25, line 3, after “section” insert “128,”

 

Page 25, line 5, after “over,” insert “land of transport undertakers,”

Clause 27

LORD PANNICK

LORD ADONIS

 

Page 34, line 15, at end insert—

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

BARONESS BRINTON

 

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.”

 

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.”

 

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.”

 

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

 

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.”

Prepared 24th January 2013