Enterprise and Regulatory Reform Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 2 — Extension of limitation periods to allow for conciliation
89

(3)
In working out when a time limit set by a relevant provision expires
the period beginning with the day after Day A and ending with Day
B is not to be counted.
(4)
If a time limit set by a relevant provision would (if not extended by
this subsection) expire during the period beginning with Day A and
5
ending one month after Day B, the time limit expires instead at the
end of that period.
(5)
Where an employment tribunal has power under this Act to extend
a time limit set by a relevant provision, the power is exercisable in
relation to the time limit as extended by this section.”
10
National Minimum Wage Act 1998 (c. 39)
36
The National Minimum Wage Act 1998 is amended as follows.
37
In section 11 (failure of employer to allow access to records), after subsection
(4) insert—
“(4A)
Where the complaint is presented to an employment tribunal in
15
England and Wales or Scotland, section 11A applies for the purposes
of subsection (3).”
38
After section 11 insert—
“11A
Extension of time limit to facilitate conciliation before institution of
proceedings
20
(1)
In this section—
(a)
Day A is the day on which the worker concerned complies
with the requirement in subsection (1) of section 18A of the
Employment Tribunals Act 1996 (requirement to contact
ACAS before instituting proceedings) in relation to the
25
matter in respect of which the proceedings are brought, and
(b)
Day B is the day on which the worker concerned receives or,
if earlier, is treated as receiving (by virtue of regulations
made under subsection (11) of that section) the certificate
issued under subsection (4) of that section.
30
(2)
In working out when the time limit set by section 11(3) expires the
period beginning with the day after Day A and ending with Day B is
not to be counted.
(3)
If the time limit set by section 11(3) would (if not extended by this
subsection) expire during the period beginning with Day A and
35
ending one month after Day B, the time limit expires instead at the
end of that period.
(4)
The power conferred on the employment tribunal by subsection (4)
of section 11 to extend the time limit set by subsection (3) of that
section is exercisable in relation to that time limit as extended by this
40
section.”
39
In section 24 (enforcement of right under section 23), in subsection (2)(a), for
“sections 48(2) to (4)” substitute “sections 48(2) to (4A)”.

Enterprise and Regulatory Reform Bill
Schedule 2 — Extension of limitation periods to allow for conciliation
90

Employment Relations Act 1999 (c. 26)
40
In section 11 of the Employment Relations Act 1999 (complaint to
employment tribunal), after subsection (2) insert—
“(2A)
Section 207A(3) (extension because of mediation in certain European
cross-border disputes) and section 207B (extension of time limits to
5
facilitate conciliation before institution of proceedings) of the
Employment Rights Act 1996 apply for the purposes of subsection
(2)(a).
(2B)
Subsections (2) and (2A) are to be treated as provisions of the
Employment Rights Act 1996 for the purposes of sections 207A and
10
207B of that Act.”
Pensions Act 2008 (c. 30)
41
In section 56 of the Pensions Act 2008 (enforcement of right under section
55), in subsection (2), for “sections 48(2) to (4)” substitute “sections 48(2) to
(4A)”.
15
Equality Act 2010 (c. 15)
42
The Equality Act 2010 is amended as follows.
43
In section 123 (time limits: proceedings under section 120), in subsection (1),
for “section 140A” substitute “sections 140A and 140B”.
44
In section 129 (time limits: proceedings under section 127)—
20
(a)
in subsection (3), for “section 140A” substitute “sections 140A and
140B”;
(b)
in subsection (4), after “the period mentioned in the second column”
insert “, subject to section 140B”.
45
After section 140A (extension of time limits because of mediation in certain
25
cross-border disputes) insert—
“140B
Extension of time limits to facilitate conciliation before institution of
proceedings
(1)
This section applies where a time limit is set by section 123(1)(a) or
129(3) or (4).
30

But it does not apply to a dispute that is (or so much of a dispute as
is) a relevant dispute for the purposes of section 140A.
(2)
In this section—
(a)
Day A is the day on which the complainant or applicant
concerned complies with the requirement in subsection (1) of
35
section 18A of the Employment Tribunals Act 1996
(requirement to contact ACAS before instituting
proceedings) in relation to the matter in respect of which the
proceedings are brought, and
(b)
Day B is the day on which the complainant or applicant
40
concerned receives or, if earlier, is treated as receiving (by
virtue of regulations made under subsection (11) of that
section) the certificate issued under subsection (4) of that
section.

Enterprise and Regulatory Reform Bill
Schedule 3 — Financial penalties: minor and consequential amendments
91

(3)
In working out when the time limit set by section 123(1)(a) or 129(3)
or (4) expires the period beginning with the day after Day A and
ending with Day B is not to be counted.
(4)
If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not
extended by this subsection) expire during the period beginning
5
with Day A and ending one month after Day B, the time limit expires
instead at the end of that period.
(5)
The power conferred on the employment tribunal by subsection
(1)(b) of section 123 to extend the time limit set by subsection (1)(a)
of that section is exercisable in relation to that time limit as extended
10
by this section.”
Schedule 3
Section 14

Financial penalties: minor and consequential amendments
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
1
In section 138 of the Trade Union and Labour Relations (Consolidation) Act
15
1992 (refusal of service of employment agency on grounds related to union
membership), after subsection (2) insert—
“(2A)
Section 12A of the Employment Tribunals Act 1996 (financial
penalties) applies in relation to a complaint under this section as it
applies in relation to a claim involving an employer and a worker
20
(reading references to an employer as references to the employment
agency and references to a worker as references to the complainant).”
Employment Tribunals Act 1996 (c. 17)
2
The Employment Tribunals Act 1996 is amended as follows.
3
Before section 13 insert—
25
“Costs etc, interest and enforcement”.
4     (1)
In section 41 (orders, regulations and rules), in subsection (2) (orders etc
subject to affirmative resolution procedure), after “4(4) or (6D)” insert
“, 12A(9)”.
      (2)
If this paragraph comes into force before section 10, sub-paragraph (1) has
30
effect as if “4(4)” were substituted for “4(4) or (6D)”.
Employment Rights Act 1996 (c. 18)
5
In section 201 of the Employment Rights Act 1996 (power to extend
employment legislation to offshore employment), after subsection (3)
insert—
35
“(3A)
Where an Order in Council under this section confers jurisdiction on
an employment tribunal, the jurisdiction conferred includes power
to make an order under section 12A of the Employment Tribunals
Act 1996 (financial penalties), and that section applies accordingly.”

Enterprise and Regulatory Reform Bill
Schedule 4 — The Competition and Markets Authority
Part 1 — General
92

Agency Workers Regulations 2010 (S.I. 2010/93)
6
In regulation 18 of the Agency Workers Regulations 2010 (complaints to
employment tribunals etc), after paragraph (14) insert—
“(14A)
In relation to an infringement or breach for which a tribunal orders a
respondent to pay compensation under paragraph (8)(b), the
5
tribunal may order the respondent also to pay a penalty under
section 12A of the Employment Tribunals Act 1996 only if the
tribunal decides not to exercise the power under paragraph (14) to
make an additional award of compensation against the respondent.”
Schedule 4
10
Section 20(4)

The Competition and Markets Authority
Part 1
General
Membership
1     (1)
The CMA is to consist of—
15
(a)
a person appointed by the Secretary of State to chair the CMA and
the CMA Board (the “chair”), and
(b)
other persons appointed by the Secretary of State to membership
of—
(i)
the CMA Board (see Part 2);
20
(ii)
the CMA panel (see Part 3);
(iii)
both the CMA Board and the CMA panel.
      (2)
The Secretary of State must consult the chair before making an appointment
under sub-paragraph (1)(b).
      (3)
At least five of the members appointed under sub-paragraph (1)(b) must be
25
appointed to membership of the CMA Board.
      (4)
At least one of the members appointed under sub-paragraph (1)(b) must be
appointed to membership of the CMA Board and to membership of the
CMA panel.
      (5)
Of the persons appointed to membership of the CMA Board under sub-
30
paragraph (1)(b), no more than half may be members of staff of the CMA.
      (6)
In this Schedule, references to members of the CMA are to persons
appointed under sub-paragraph (1).
      (7)
A person holding office as a member of the Competition Appeal Tribunal is
ineligible for appointment under this paragraph.
35
Terms and conditions
2     (1)
The members of the CMA are to hold and vacate office in accordance with
the terms and conditions of their appointments.

Enterprise and Regulatory Reform Bill
Schedule 4 — The Competition and Markets Authority
Part 1 — General
93

      (2)
Those terms and conditions are to be determined by the Secretary of State.
Term of appointment
3     (1)
Appointment to membership of the CMA Board under paragraph 1(1)(b) is
to be for a term of not more than five years.
      (2)
Appointment to membership of the CMA panel under paragraph 1(1)(b) is
5
to be for a term of not more than eight years.
      (3)
Appointment as the chair is to be for a term of not more than five years.
Re-appointment
4     (1)
A person who has been appointed to membership of the CMA panel may be
re-appointed to membership of the CMA panel only for the purpose of
10
continuing to act as a member of a group constituted under paragraph 36
before the expiry of his or her term of office.
      (2)
Subject to sub-paragraph (1), a person’s previous appointment under
paragraph 1 does not affect eligibility for a subsequent appointment under
that paragraph.
15
Remuneration etc of members
5     (1)
The CMA must pay to its members such remuneration, allowances and
expenses as the Secretary of State may determine.
      (2)
The CMA must pay or make provision for the payment of such pension,
allowances or gratuities as the Secretary of State may determine to or in
20
respect of a current or former member.
      (3)
If a person ceases to hold an office to which he or she has been appointed
under paragraph 1, and the Secretary of State decides that there are special
circumstances which mean that the person should be compensated, the
CMA must pay compensation to the person of such amount as the Secretary
25
of State may determine.
Resignation
6     (1)
The chair may at any time resign from membership of the CMA by giving
written notice to this effect to the Secretary of State.
      (2)
A person who is a member of either the CMA Board or the CMA panel (but
30
not of both) may at any time resign from membership of the CMA by giving
written notice to this effect to the Secretary of State.
      (3)
A person who is a member of both the CMA Board and the CMA panel may
at any time, by giving written notice to this effect to the Secretary of State—
(a)
resign from membership of either the CMA Board or the CMA panel,
35
or
(b)
resign from membership of the CMA.
Termination of membership
7
The Secretary of State may at any time remove a person from office as a
member of the CMA on any of the following grounds—
40

Enterprise and Regulatory Reform Bill
Schedule 4 — The Competition and Markets Authority
Part 1 — General
94

(a)
incapacity;
(b)
misbehaviour;
(c)
failure to carry out his or her duties.
Status
8
The CMA is to perform its functions on behalf of the Crown.
5
Chief executive and other staff
9     (1)
The CMA is to have a chief executive appointed by the Secretary of State (the
“chief executive”).
      (2)
The chief executive may also be a member of the CMA, but must not be—
(a)
the chair, or
10
(b)
a member of the CMA panel.
      (3)
Before appointing the chief executive, the Secretary of State must consult the
chair.
      (4)
The appointment—
(a)
is to be for a term of not more than five years;
15
(b)
subject to that, is to be on such terms and conditions as the Secretary
of State considers fit.
      (5)
The chief executive holds that office as a member of the staff of the CMA.
      (6)
A previous appointment as chief executive does not affect a person’s
eligibility for re-appointment.
20
10    (1)
The CMA may appoint other members of staff.
      (2)
A person appointed as a member of the CMA’s staff under sub-paragraph
(1) may also be a member of the CMA, but must not be—
(a)
the chair, or
(b)
a member of the CMA panel.
25
      (3)
The following are to be determined by the CMA with the approval of the
Minister for the Civil Service—
(a)
the number of members of staff appointed under sub-paragraph (1);
(b)
their conditions of service.
11
A person holding office as a member of the Competition Appeal Tribunal is
30
ineligible for appointment under paragraph 9 or 10.
Annual plan
12    (1)
The CMA must prepare an annual plan for each financial year.
      (2)
The plan must—
(a)
set out the CMA’s main objectives for the year and indicate the
35
relative priorities of each of those objectives;
(b)
provide a summary of the proposed allocation of the CMA’s
financial resources to the activities to be carried on in connection
with those objectives.
      (3)
The CMA must arrange for the plan to be laid before Parliament.
40

Enterprise and Regulatory Reform Bill
Schedule 4 — The Competition and Markets Authority
Part 1 — General
95

      (4)
The CMA must publish the plan, in whatever way it considers appropriate,
before the start of the financial year in question.
13    (1)
Before finalising an annual plan, the CMA must draw up proposals for it.
      (2)
The CMA must arrange for the proposals to be laid before Parliament.
      (3)
The CMA must—
5
(a)
publish the proposals in whatever way it considers appropriate, and
(b)
make arrangements to consult with the public about them.
      (4)
Arrangements made under sub-paragraph (3)(b) may provide for
consultation with the public to be effected in whatever way the CMA
considers appropriate.
10
Performance report
14    (1)
As soon as practicable after the end of each financial year, the CMA must
prepare and send to the Secretary of State an annual report on its activities
and performance during the year.
      (2)
The report must include—
15
(a)
a survey of developments, during the year, in matters relating to the
CMA’s functions;
(b)
an assessment of the extent to which the CMA’s objectives for the
year, as set out in the plan published under paragraph 12, have been
met;
20
(c)
a summary of the significant decisions, investigations or other
activities made or carried out by the CMA during the year;
(d)
a summary of the allocation of the CMA’s financial resources to its
various activities during the year;
(e)
an assessment of the CMA’s performance and practices, during the
25
year, in relation to its enforcement functions.
      (3)
The CMA must—
(a)
arrange for the report to be laid before Parliament;
(b)
publish the report in whatever way it considers appropriate.
15
The CMA may—
30
(a)
prepare other reports about matters relating to any of its functions;
(b)
publish a report prepared under this paragraph.
Concurrency report
16    (1)
As soon as practicable after the end of each financial year, the CMA must
prepare a report containing an assessment of how the concurrency
35
arrangements have operated during the year.
      (2)
The concurrency arrangements are the arrangements for co-operation
between the CMA and the sectoral regulators in respect of functions which
are exercisable concurrently by the CMA and one or more of the regulators
under Part 1 of the Competition Act 1998 (the “1998 Act”) and Part 4 of the
40
Enterprise Act 2002 (the “2002 Act”).
      (3)
The report must, in particular, include information about—