Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
78

(b)
a contravention in relation to pay of section 39(2), 49(6) or 50(6),
so far as relating to sex discrimination.
(3)
An equal pay audit is an audit designed to identify action to be taken
to avoid equal pay breaches occurring or continuing.
(4)
The regulations may make further provision about equal pay audits,
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including provision about—
(a)
the content of an audit;
(b)
the powers and duties of a tribunal for deciding whether its
order has been complied with;
(c)
any circumstances in which an audit may be required to be
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published or may be disclosed to any person.
(5)
The regulations must provide for an equal pay audit not to be ordered
where the tribunal considers that—
(a)
an audit completed by the respondent in the previous 3 years
meets requirements prescribed for this purpose,
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(b)
it is clear without an audit whether any action is required to
avoid equal pay breaches occurring or continuing,
(c)
the breach the tribunal has found gives no reason to think that
there may be other breaches, or
(d)
the disadvantages of an equal pay audit would outweigh its
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benefits.
(6)
The regulations may provide for an employment tribunal to have
power, where a person fails to comply with an order to carry out an
equal pay audit, to order that person to pay a penalty to the Secretary
of State of not more than an amount specified in the regulations.
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(7)
The regulations may provide for that power—
(a)
to be exercisable in prescribed circumstances;
(b)
to be exercisable more than once, if the failure to comply
continues.
(8)
The first regulations made by virtue of subsection (6) must not specify
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an amount of more than £5,000.
(9)
Sums received by the Secretary of State under the regulations must be
paid into the Consolidated Fund.
(10)
The first regulations under this section must specify an exemption
period during which the requirement to order an equal pay audit does
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not apply in the case of a business that—
(a)
had fewer than 10 employees immediately before a specified
time, or
(b)
was begun as a new business in a specified period.
(11)
For the purposes of subsection (10)—
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(a)
“specified” means specified in the regulations, and
(b)
the number of employees a business had or the time when a
business was begun as a new business is to be determined in
accordance with the regulations.

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
79

(12)
Before making regulations under this section, a Minister of the Crown
must consult any other Minister of the Crown with responsibility for
employment tribunals.”
(3)
In section 207(6) (exercise of power to make subordinate legislation: power to
amend enactments) after “37,” and after “in the case of section” insert “139A,”.
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(4)
In section 208(5) (subordinate legislation by Ministers of the Crown etc:
affirmative procedure) after paragraph (e) insert—
“(ea)
regulations under section 139A (equal pay audits);”.
General
79
Consequential amendments, repeals and revocations
10
(1)
The Secretary of State may by order made by statutory instrument make such
provision as the Secretary of State considers appropriate in consequence of this
Act.
(2)
The power conferred by subsection (1) includes power—
(a)
to make transitional, transitory or saving provision;
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(b)
to amend, repeal, revoke or otherwise modify any provision made by
or under an enactment (including any enactment passed or made in the
same Session as this Act).
(3)
An order under subsection (1) which makes provision for the transfer of a
function from the Competition Commission or the Office of Fair Trading to the
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Competition and Markets Authority in consequence of Part 3 of this Act may
make such modifications to the function as the Secretary of State considers
appropriate in consequence of the transfer.
(4)
The modifications mentioned in subsection (3) may, in particular, alter the
circumstances in which, or the conditions under which, the function is
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exercisable.
(5)
A statutory instrument containing (whether alone or with other provision) an
order under this section which amends, repeals or revokes any provision of
primary legislation is not to be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.
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(6)
A statutory instrument containing an order under this section which does not
amend, repeal or revoke any provision of primary legislation is subject to
annulment in pursuance of a resolution of either House of Parliament.
(7)
In this section—
“enactment” includes an Act of the Scottish Parliament, a Measure or Act
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of the National Assembly for Wales and Northern Ireland legislation;
“primary legislation” means—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, and
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(d)
Northern Ireland legislation.

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
80

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Transitional, transitory or saving provision
The Secretary of State may by order made by statutory instrument make such
transitional, transitory or saving provision as the Secretary of State considers
appropriate in connection with the coming into force of any provision of this
Act.
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81
Financial provision
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by the Secretary
of State or the Competition and Markets Authority, and
(b)
any increase attributable to this Act in the sums payable under any
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other Act out of money so provided.
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Extent
(1)
Part 1 extends to England and Wales, Scotland and Northern Ireland.
(2)
Part 2 extends only to England and Wales and Scotland, except that the
following provisions of that Part extend also to Northern Ireland—
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(a)
section 18(3);
(b)
paragraph 11 of Schedule 1;
(c)
paragraphs 36 to 39 of Schedule 2.
(3)
Part 3 extends to England and Wales, Scotland and Northern Ireland, except as
follows—
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(a)
paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only
to England and Wales and Scotland;
(b)
paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule
extend only to England and Wales;
(c)
paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule
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extend only to Scotland;
(d)
paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to
Northern Ireland.
(4)
Part 4 extends to England and Wales, Scotland and Northern Ireland, except as
follows—
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(a)
paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13
and 41 of Schedule 15, extend only to England and Wales and Scotland;
(b)
paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6
and 47 to 49 of Schedule 15, extend only to England and Wales;
(c)
paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule
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15, extend only to Northern Ireland.
(5)
Part 5 extends as follows—
(a)
sections 52, 55, 60, 61 and 63 and Part 1 of Schedule 20 extend to
England and Wales, Scotland and Northern Ireland,
(b)
section 62 extends only to England and Wales and Scotland except that
40
it also extends to Northern Ireland so far as Parts 1 and 4 of the Health
and Safety at Work etc. Act 1974 extend there,
(c)
sections 57, 58 and 59 and paragraphs 1, 56 to 58, 60 and 66 of Schedule
19 (and section 64(3) so far as it relates to those paragraphs) extend only
to England and Wales and Scotland, and
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Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
81

(d)
sections 53, 54, 56 and 64(1) and (2), Schedules 16, 17 and 18, paragraphs
2 to 55, 59, 61 to 65 of Schedule 19 (and section 64(3) so far as it relates
to those paragraphs) and Parts 2 and 3 of Schedule 20 extend only to
England and Wales.
(6)
If a provision repealed by Part 1 of Schedule 20 extends to the Isle of Man or
5
any of the Channel Islands, Her Majesty may by Order in Council extend the
repeal there.
(7)
This Part extends to England and Wales, Scotland and Northern Ireland except
that section 78 extends only to England and Wales and Scotland.
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Commencement
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(1)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 19;
(b)
section 46;
(c)
section 52;
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(d)
sections 67 to 70 and Schedule 21;
(e)
sections 78 to 84;
(f)
any other provision so far as is necessary for enabling the exercise on or
after the day on which this Act is passed of any power (arising under
or by virtue of that provision) to make provision by regulations or
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order made by statutory instrument.
(2)
The following provisions (so far as not already in force by virtue of subsection
(1)(f)) come into force at the end of the period of 2 months beginning with the
day on which this Act is passed—
(a)
Part 1;
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(b)
sections 11, 13, 15, 16 and 17;
(c)
section 55;
(d)
section 57;
(e)
paragraphs 7 and 8 of Schedule 17 (and section 56 so far as it relates to
them);
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(f)
Parts 1 and 2 of Schedule 20 (and section 65 so far as it relates to them).
(3)
Except as provided by subsections (1) and (2), the provisions of this Act come
into force on such day as the Secretary of State may by order made by statutory
instrument appoint.
(4)
An order under subsection (3) may appoint different days for different
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purposes.
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Short title
This Act may be cited as the Enterprise and Regulatory Reform Act 2013.