Enterprise and Regulatory Reform Bill

SECOND
MARSHALLED
LIST
OF
AMENDMENTS
TO
BE
MOVED
ON
REPORT

The amendments have been marshalled in accordance with the Order of 11th February 2013, as follows—

Schedule 17
Clauses 57 to 64
Schedules 18 and 19
Clause 65
Schedule 20
Clauses 66 to 69
Schedule 21
Clauses 70 to 84

[Amendments marked * are new or have been altered]

Schedule 17

VISCOUNT YOUNGER OF LECKIE

70A

Page 248, line 6, leave out paragraph 18 and insert—

“18 (1) Section 93 (regulations and orders) is amended as follows.

(2) In subsection (4) after “8(5),” insert “26C,”.

(3) In subsection (5A) after “section” insert “26C or”.”

Clause 57

BARONESS CAMPBELL OF SURBITON

BARONESS O’LOAN

BARONESS LISTER OF BURTERSETT

BARONESS HUSSEIN-ECE

71

Page 57, line 9, leave out paragraph (a)

72

Page 57, line 18, leave out subsection (6)

After Clause 57

LORD HARRIES OF PENTREGARTH

LORD AVEBURY

BARONESS THORNTON

LORD DEBEN

73

Insert the following new Clause—

“Equality Act 2010: caste discrimination

(1) The Equality Act 2010 is amended as follows.

(2) After section 9(1)(c) (race) insert—

“(d) caste;”.”

Clause 58

BARONESS TURNER OF CAMDEN

74

Leave out Clause 58

Clause 59

LORD LESTER OF HERNE HILL

BARONESS THORNTON

75

Leave out Clause 59

After Clause 59

BARONESS THORNTON

BARONESS HUSSEIN-ECE

76

Insert the following new Clause—

“Equality Act 2010: Equality Impact Assessment

(1) The Equality Act 2010 is amended as follows.

(2) In section 149 (public sector equality duty), after subsection (6) insert—

“(6A) A public authority shall make the following arrangements for compliance with the duties under this section—

(a) assessing and consulting on the likely impact of its proposed policies on the promotion of its duties under this section;

(b) monitoring its policies for any adverse impact on the fulfilment of its duties under this section;

(c) publishing the results of such assessments and consultations as are mentioned in paragraph (a) and of such monitoring as is mentioned in paragraph (b);

(d) ensuring public access to information and services which it provides; and

(e) training staff in connection with the duties imposed by this section.””

BARONESS PROSSER

BARONESS HUSSEIN-ECE

77

Insert the following new Clause—

“Commission for Equality and Human Rights: appointment of Chair and commissioners

(1) Schedule 1 to the Equality Act 2006 (the Commission: constitution, &c) is amended as follows.

(2) In Part 1, after paragraph 1(1) insert—

“(1A) Appointments shall not take effect until such time as they are approved by a Committee of both Houses of Parliament.”

(3) In Part 2, paragraph 7, for sub-paragraph (2) substitute—

“(2) An appointment under sub-paragraph (1)(a) shall not take effect until such time as it has been approved by a Committee of both Houses of Parliament.””

78

Insert the following new Clause—

“Commission for Equality and Human Rights: reporting to Parliament

(1) Schedule 1 to the Equality Act 2006 (the Commission: constitution, &c) is amended as follows.

(2) In Part 2, paragraph 32, for sub-paragraphs (4) and (5) substitute—

“(4) The Commission shall lay each annual report before Parliament within 3 months of the end of the financial year to which the report relates.””

79

Insert the following new Clause—

“Commission for Equality and Human Rights: budget

(1) Schedule 1 to the Equality Act 2006 (money), is amended as follows.

(2) In Part 3, after paragraph 38 insert—

“38A The budget fixed under paragraph 38 is subject to approval by a resolution of each House of Parliament.””

80

Insert the following new Clause—

“Commission for Equality and Human Rights: strategic plan

In section 4 of the Equality Act 2006 (strategic plan) for subsection (4) substitute—

“(4) The Commission shall lay the plan and each revision before Parliament.

(4A) The Commission shall send a copy of the plan and each revision to the Secretary of State.””

Clause 62

LORD MCKENZIE OF LUTON

80A*

Page 60, line 38, leave out subsection (3)

80B*

Page 61, line 28, at end insert—

“(11) The Secretary of State shall appoint an independent panel to carry out a review of all duties imposed by a statutory instrument containing health and safety regulations and determine whether they should be actionable, such review to be completed within a year of the panel’s appointment.

(12) Members of the independent panel carrying out a review under subsection (11) will include at least one member with experience of health and safety matters, one member of the legal profession and one independent lay person.

(13) This section must not be brought into force until—

(a) a review under subsection (11) has been carried out and published; and

(b) a report of the conclusions of the review has been laid before both Houses of Parliament by the Secretary of State.”

BARONESS TURNER OF CAMDEN

LORD HARDIE

LORD WIGLEY

81

Leave out Clause 62

Before Clause 63

BARONESS HAYTER OF KENTISH TOWN

81A

Insert the following new Clause—

“Letting agents etc.

(1) Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as follows.

(2) In subsection (1) for the words “to which this Act applies” substitute “and in subsection (1A) below to which this Act applies.

(1A) This Act also applies, subject to subsections (2) to (4) below, to—

(a) things done by any person in the course of a business (including a business in which he is employed) pursuant to instructions received from another person (in this section referred to as “the client”) who wishes to let or have the letting of an interest in land managed (for example, the collection of rents on his behalf)—

(i) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to let an interest in land; or

(ii) after such introduction has been effected in the course of that business, for the purpose of securing the letting of the interest in land; or

(iii) for the purpose of, or with a view to, managing the letting of the interest in land on behalf of the client; or

(iv) for the purpose of, or with a view to, block management of interests in land; and

(b) management activities undertaken by any person in the course of a business (including a business in which he is employed) in connection with land or interests in land.””

BARONESS GARDNER OF PARKES

81B*

Insert the following new Clause—

“Leasehold Valuation Tribunals: costs

At the end of paragraph 10 (costs) of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunals: procedure) insert—

“(5) A tenant of residential property shall not be required to pay costs incurred by a landlord or any other party with an interest in that property in connection with proceedings before a leasehold valuation tribunal except when their lease specifically permits such costs to be included as a legitimate management charge.””

81C*

Insert the following new Clause—

“Assured shorthold tenancies: dispute resolution

In sub-paragraph (1) of paragraph 10 (dispute resolution procedures) of Schedule 10 (provisions relating to tenancy deposit schemes) to the Housing Act 2004, after the final “scheme” insert “, and other disputes between landlords and tenants relating to tenancies that have deposits subject to the scheme,”.”

81D*

Insert the following new Clause—

“Protection schemes for service charge monies held in trust

(1) The Secretary of State must make arrangements for securing that one or more deposit schemes are available for the purpose of safeguarding service charge monies held in trust by managers of private residential leasehold properties.

(2) For the purposes of this section a “deposit scheme” is a scheme which—

(a) is made for the purpose of safeguarding service charge monies held in trust by managers of private residential leasehold properties and facilitating the resolution of disputes arising in connection with such sums, and

(b) complies with any requirements regarding the operation of the scheme that the Secretary of State may from time to time set out.

(3) Arrangements under subsection (1) must be arrangements made with any body or person under which the body or person (“the scheme administrator”) undertakes to establish and maintain a deposit scheme of a description specified in the arrangements.

(4) The Secretary of State may—

(a) give financial assistance to the scheme administrator;

(b) make payments to the scheme administrator (otherwise than as financial assistance) in pursuance of arrangements under subsection (1);

(c) in such manner and on such terms as it thinks fit, guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with arrangements under subsection (1).

(5) Arrangements under subsection (1) must require the scheme administrator to give the Secretary of State, in such manner and at such times as it may specify, such information and facilities for obtaining information as it may specify.

(6) The Secretary of State may make regulations conferring or imposing—

(a) on scheme administrators, or

(b) on scheme administrators of any description specified in the regulations,

such powers or duties in connection with arrangements under subsection (1) as are so specified.

(7) Any sum paid to a person as a service charge for a private residential leasehold property must be dealt with in accordance with an authorised scheme.

(8) No person may require the payment of a service charge for a private residential leasehold property which is not to be subject to the requirement in subsection (7).

(9) An individual or company which has received a service charge for a private residential leasehold property must give the tenant and any relevant person such information relating to—

(a) the authorised scheme applying to the charge,

(b) the operation of provisions of this section in relation to the deposit,

as may be set out in regulations made under subsection (6).

(10) The information required by subsection (9) must be given to the tenant and any relevant person within the period of 30 days beginning with the date on which the service charge (or in the event or a recurrent payment, the first payment of the service charge) is received by the individual or company managing the relevant private residential leasehold property.

(11) The provisions of this section apply despite any agreement to the contrary.

(12) Where a service charge has been paid in connection with a private residential leasehold property, the tenant or any relevant person, or in the case of a leasehold that has ended the person who was a tenant under the leasehold, may make an application to a county court on the grounds—

(a) that subsection (7) or (9) has not been complied with in relation to the service charge, or

(b) that he has been notified by the landlord or their agent that a particular authorised scheme applies to the service charge but has been unable to obtain confirmation from the scheme administrator that the landlord or their agent is a member of that scheme.

(13) Subsection (14) applies in the case of an application under subsection (12) if the tenancy has not ended and the court—as the case may be.

(a) is satisfied that subsection (7) or (9) has not been complied with in relation to the service charge, or

(b) is not satisfied that the landlord or their agent is a member of and acting in accordance with an authorised scheme,

as the case may be.

(14) The court must, as is thinks fit, order the person who appears to the court to be holding a sum accrued from service charge payments which have not been used to maintain the relevant property to either—and to pay to the applicant a sum of money not less than the annual service fee and not more than three times the annual service fee, within the period of 14 days beginning with the date of the making of the order.

(a) repay it to the applicant, or

(b) to comply with subsection (7) and subsection (9),

and to pay to the applicant a sum of money not less than the annual service fee and not more than three times the annual service fee, within the period of 14 days beginning with the date of the making of the order.

(15) In the case of an application under subsection (1) if the tenancy has ended (whether before or after the making of the application) and the court—as the case may be, then the court may order the person who appears to the court to be holding a sum accrued from service charge payments which have not been used to maintain the relevant property to repay all or part of it to the applicant and to pay to the applicant a sum of money not less than the annual service fee and not more than three times the annual service fee, within the period of 14 days beginning with the date of the making of the order.

(a) is satisfied that subsection (7) or (9) has not been complied with in relation to the service charge, or

(b) is not satisfied that the landlord or their agent is a member of and acting in accordance with an authorised scheme,

as the case may be, then the court may order the person who appears to the court to be holding a sum accrued from service charge payments which have not been used to maintain the relevant property to repay all or part of it to the applicant and to pay to the applicant a sum of money not less than the annual service fee and not more than three times the annual service fee, within the period of 14 days beginning with the date of the making of the order.

(16) In this section—

“agent” means a person or persons acting on the landlord’s behalf in relation to the property.

“authorised”, in relation to a deposit scheme, means that the scheme is in force in accordance with arrangements under subsection (1);

“landlord” and “manager” both may mean any of the freeholder of the property or a superior leaseholder or a residents’ management company or right to manage company or similar, or the agent of any of these.

“money” means money in the form of cash or otherwise;

“relevant person” means any person who, in accordance with arrangements made with the tenant, paid the service charge on behalf of the tenant.

“service charge” means any money payable by the tenant of a property to a landlord or manager who has a legal or contractual obligation to provide services, repairs, maintenance, improvement, insurance or management.”

81E*

Insert the following new Clause—

“Arbitration and mediation services for residential property letting and management agencies

(1) Section 23A of the Estate Agents Act 1979 (redress schemes) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Secretary of State shall by order require persons who—

(a) engage in estate agency work in relation to residential property (“relevant estate agency work”), or

(b) undertake activities pursuant to instructions received from another person (in this paragraph referred to as “the client”) who wishes to let or have the letting of an interest in residential property managed (“letting agency work”)—

(i) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to let an interest in residential property; or

(ii) after such introduction has been effected in the course of that business, for the purpose of securing the letting of the interest in residential property; or

(iii) for the purpose of, or with a view to, managing the letting of the interest in residential property and collection of rent on behalf of the client; or

(iv) for the purpose of, or with a view to, block management of interests in residential property, or

(c) undertake activities in connection with management of leasehold residential property (“management agency work”),

to be members of an approved redress scheme for dealing with complaints in connection with that work.”.

(3) In subsection (4), at end insert “, whereas the reference to persons who engage in letting agency work and management agency work does include a reference to persons who engage in that work in the course of their employment unless their employer is a member of an approved redress scheme and that membership extends to employees of their employer”.

(4) In subsection (8)(a), at end insert “, and with regard to complaints relating to letting agency work or management agency work provides a service for complaints against members of the scheme to be resolved through mediation prior to investigation and resolution by the ombudsman”.

(5) In subsection (8)(c) for “seller or buyer” substitute “seller, buyer, landlord or tenant”.

(6) Section 23B of the Estate Agents Act 1979 (enforcement) is amended as follows.

(7) In subsections (1) and (4), after “estate agency work” insert “, letting agency work, or management agency work,”.”

After Clause 63

LORD CAMPBELL-SAVOURS

82

Insert the following new Clause—

“Property auctions: guide price not to be less than reserve price

After section 3 of the Auctions (Bidding Agreements) Act 1969, insert—

“3A Property auctions: guide price not to be less than reserve price

Where a reserve price has been set at a public auction for land or real property, the reserve price for that land or real property shall not exceed the guide price, or the lower figure in a range of guide prices, indicated in any publication by the auctioneer.””

After Clause 64

VISCOUNT YOUNGER OF LECKIE

83

Insert the following new Clause—

“Abolition of Agricultural Wages Board and related English bodies

(1) The Agricultural Wages Board for England and Wales is abolished.

(2) Every agricultural wages committee for an area in England is abolished.

(3) Every agricultural dwelling-house advisory committee for an area in England is abolished.

(4) Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.”

LORD WHITTY

BARONESS TRUMPINGTON

THE LORD BISHOP OF HEREFORD

[As an amendment to Amendment 83]

83A*

Leave out lines 3 to 6 and insert—

“(1) Every agricultural wages committee for an area in England is abolished.

(2) Every agricultural dwelling-house advisory committee for an area in England is abolished and the services formerly provided by such a committee shall instead be provided by the Agricultural Wages Board for England and Wales.

(3) Without prejudice to section 3 of the Agricultural Wages Act 1948, any minimum rate of pay contained, or to be contained, in an Order of the Agricultural Wages Board may, where the Agricultural Wages Board considers it convenient to do so, be fixed by reference to any periods during the currency of employment.”

After Schedule 19

VISCOUNT YOUNGER OF LECKIE

84

Insert the following new Schedule—

“Abolition of Agricultural Wages Board and related English bodies: consequential provision

1 In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “If the dwelling-house is in Wales, the authority”.

2 The repeals and revocations in the following table have effect.

Reference Extent of repeal or revocation
Agricultural Wages Act 1948 (c. 47) Section 1.
In section 2—in subsection (1)—the words “England and”, andparagraph (a), andsubsection (4).
Sections 3 to 4.
Sections 6 to 16.
In section 17—in subsection (1), the definition of “the national minimum wage”, andsubsection (1A).
Sections 17A to 19.
Schedules 1, 2 and 4.
The Agricultural Wages Committee Regulations 1949 (S.I. 1949/1885) Regulation 3(2)(a) and the word “and” after it.
Regulation 16.
Public Records Act 1958 (c. 51) In the table at the end of paragraph 3 of Schedule 1, the words “Agricultural Wages Board.”
Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the words “Agricultural Wages Board for England and Wales.”
Agriculture Act 1967 (c. 22) Section 67.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Section 46.
Agricultural Wages Committees (Wages Structure) Regulations 1971 (S.I. 1971/844) The whole instrument.
Agricultural Wages Committees (Areas) Order 1974 (S.I. 1974/515) In article 3(1), the words—“Subject to the provisions of this order”, and“an agricultural wages committee for each county in England and”.
Article 3(2).
Article 4.
The Schedule.
Social Security (Consequential Provisions) Act 1975 (c. 18) In Schedule 2, paragraph 32.
House of Commons Disqualification Act 1975 (c. 24) In Part 3 of Schedule 1, the words “Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 3 of Schedule 1, the words “of the Agricultural Wages Board for England and Wales or”.
Social Security Pensions Act 1975 (c. 60) In Schedule 4, paragraph 10.
Employment Protection Act 1975 (c. 71) Section 97(1) and (2).
Schedule 9.
In Schedule 17, paragraph 12.
Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) In section 4(1)(c), the words from “(including” to the end.
Agricultural Wages Committees (New Combinations of Counties) Order 1981 (S.I. 1981/179) The whole order.
Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 (S.I. 1989/1173) The whole order.
Social Security (Consequential Provisions) Act 1992 (c. 6) In Schedule 2, paragraph 4.
Agricultural Wages Committees (Areas) (England) Order 1995 (S.I. 1995/3186) The whole order.
Employment Rights Act 1996 (c. 18) In section 35—in subsection (2), paragraph (a) and the word “or” at the end of that paragraph, andin subsection (3), paragraph (b) and the “and” before that paragraph.
National Minimum Wage Act 1998 (c. 39) In section 16(6)—in the definition of “the agricultural wages legislation”, paragraph (a), andin the definition of “relevant authority”, paragraphs (a), (b) and (c).
In section 16A(5)—in the definition of “enforcement officer”, paragraph (b), andin the definition of “the relevant legislation”, paragraph (b).
Section 46(4)(a).
In section 47—subsection (1)(a),subsection (2)(a) and (d),subsection (4)(a),in subsection (4)(b), the words “(similar provision for Scotland)”, andsubsection (6)(a).
In section 55(1), in the definition of “regulations”, the words “by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly or”.
Part 1 of Schedule 2.
National Minimum Wage Regulations 1998 (S.I. 1999/584) Regulation 38(5)(a).
Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the words “An Agricultural Wages Board for England and Wales”.
Criminal Justice Act 2003 (c. 44) In Schedule 25, paragraph 28.
Employment Relations Act 2004 (c. 24) Section 47.
In Schedule 1, paragraph 1.
Public Contracts Regulations 2006 (S.I. 2006/5) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.
Employment Act 2008 (c. 24) Section 8(6).
Section 9(6).
Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.”

LORD WHITTY

BARONESS TRUMPINGTON

THE LORD BISHOP OF HEREFORD

[As an amendment to Amendment 84]

84ZA*

Leave out from line 4 to end and insert—

“Rent (Agriculture) Act 1976 (c. 80)

1 In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc.), in subsection (3), for “by applying for the services of a committee under section 29 of this Act” substitute “by applying, in the case of a dwelling-house in England, for the services of the Agricultural Wages Board, and, in the case of a dwelling-house in Wales, for the services of a committee under section 29 of this Act”, and in subsection (4) for “The committee” substitute “The Agricultural Wages Board or the committee as the case may be”.

AGRICULTURAL WAGES ACT 1948 (C. 47)

2 In section 1—

(a) in subsection (1), for “in relation to each of the counties and combinations of counties in England and Wales for which agricultural wages committees are established under the next following section” substitute “in relation to each of the counties or combinations of counties in England for which an agricultural wages committee was established immediately prior to the commencement of section () of the Enterprise and Regulatory Reform Act 2013 (abolition of agricultural wages committees etc.), and in relation to each of the counties or combinations of counties in Wales for which agricultural wages committees are established under the next following section”, and

Agricultural Wages Committees and Agricultural Dwelling-House Advisory Committees in England and related matters

(b) in subsection (2), after first “county or combination of counties” insert “in Wales”.

3 Section 2 is amended as follows.

(a) in subsection (1), omit “England and”;

(b) at the end of subsection (6), insert “and”; and

(c) after subsection (6), insert—

“(7) In this Act, references to an agricultural wages committee are to be construed as references to an agricultural wages committee established in relation to a county or combination of counties in Wales and related expressions are to be construed accordingly.”

4 In section 3, subsection (7), substitute—

“(7) Without prejudice to the remainder of this section, any minimum rate of pay contained, or to be contained, in an Order of the Board may, where the Board considers it convenient to do so, be fixed by reference to any periods during the currency of employment.”

5 In section 6, in subsection (1), after “special class of workers”, insert “employed in Wales”.

6 In section 7, in subsection (1), for “each county for which an agricultural wages committee is established under this Act” substitute “each county in England for which an agricultural wages committee was established immediately prior to the commencement of section () of the Enterprise and Regulatory Reform Act 2013 (abolition of agricultural wages committees etc.), and in relation to each county in Wales for which an agricultural wages committee is established”.

Abolition of Agricultural Wages Board and related English bodies: consequential provision

7 In section 8, in subsection (1), after “county”, insert “Wales”.

8 In Schedule 2, omit the list of counties in England under the heading “Counties in England”.

9 The repeals and revocations in the following table have effect—

Reference Extent of repeal or revocation
The Agricultural Wages Committee Regulations 1949 (S.I. 1949/1885) Regulation 3(2)(a) and the word “and” after it.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Section 46.
Agriculture Wages Committees (Areas) Order 1974 (S.I. 1974/515) In article 3(1), the words “Subject to the provisions of this order”, and “an agricultural wages committee for each county in England and”.
Article 3(2).
Article 4.
The Schedule.
Agricultural Wages Committees (New Combinations of Counties) Order 1981 (S.I. 1981/179) The whole order.
Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 (S.I. 1989/1173) The whole order.”

Clause 67

VISCOUNT YOUNGER OF LECKIE

84A

Leave out Clause 67 and insert the following new Clause—

none“Penalties under provision amending exceptions: copyright and rights in performances

Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (limitation on criminal penalties) does not apply for the purposes of provision under section 2(2) of that Act amending—

(a) Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988 (acts permitted in relation to copyright works), or

(b) Schedule 2 to that Act (rights in performances: permitted acts).”

After Clause 77

VISCOUNT YOUNGER OF LECKIE

84B

Insert the following new Clause—

“Power to add to supplies protected under Insolvency Act 1986

(1) The Secretary of State may by order amend section 233 of the Insolvency Act 1986 so as to add to the supplies mentioned in subsection (3) of that section any of the following—

(a) a supply of gas, electricity, water or communication services by a specified description of person;

(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

(2) The Secretary of State may by order amend section 372 of that Act of 1986 so as to add to the supplies mentioned in subsection (4) of that section any of the following—

(a) a supply of gas, electricity, water or communication services by a specified description of person;

(b) a supply of a specified description of goods or services by a specified description of person where the supply is for the purpose of enabling or facilitating anything to be done by electronic means.

(3) The power to make an order under this section includes power to make incidental, supplementary, consequential, transitional or saving provision, including doing so by amending any enactment.

(4) An order under this section must be made by statutory instrument.

(5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(6) In this section—

“enactment” includes—

(a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),

(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and

(c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales; and

“specified” means specified in the order.”

84C

Insert the following new Clause—

“Corporate insolvency: power to give further protection to essential supplies

(1) The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to a company to cease to have effect where—

(a) the company enters administration or a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to it, and

(b) any conditions specified in the order are met.

(2) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—

(a) an insolvency office-holder consents to the termination,

(b) a court grants permission for the termination, or

(c) any charges in respect of the supply that are incurred after the company enters administration or the voluntary arrangement takes effect are not paid within the period of 28 days beginning with the day on which payment is due.

(3) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless an insolvency office-holder personally guarantees the payment of any charges in respect of the continuation of the supply.

(4) The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (3).

(5) The order must (in addition to the provision mentioned in subsections (2) and (3)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.

(6) A contract for the supply of essential goods or services is a contract for a supply mentioned in section 233(3) of the Insolvency Act 1986.

(7) An insolvency-related term of a contract for the supply of essential goods or services to a company is a provision of the contract under which—

(a) the contract or the supply would terminate, or any other thing would take place, because the company enters administration or the voluntary arrangement takes effect,

(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the company enters administration or the voluntary arrangement takes effect, or

(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the company enters administration or the voluntary arrangement takes effect.

(8) In this section, “insolvency office-holder” means—

(a) in a case where a company enters administration, the administrator;

(b) in the case where a voluntary arrangement under Part 1 of the Insolvency Act 1986 takes effect in relation to a company, the supervisor of the voluntary arrangement.”

84D

Insert the following new Clause—

“Individual insolvency: power to give further protection to essential supplies

(1) The Secretary of State may by order make provision for insolvency-related terms of a contract for the supply of essential goods or services to an individual to cease to have effect where—

(a) a voluntary arrangement proposed by the individual is approved under Part 8 of the Insolvency Act 1986, and

(b) any conditions specified in the order are met.

(2) The order must include a condition that ensures that an insolvency-related term of a contract for the supply of essential goods or services to an individual does not cease to have effect unless the supply is for the purpose of a business that is or has been carried on by the individual or with which the individual has or had another connection of a kind specified in the order.

(3) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the contract may be terminated by the supplier if—

(a) the supervisor of the voluntary arrangement consents to the termination,

(b) a court grants permission for the termination, or

(c) any charges in respect of the supply that are incurred after the voluntary arrangement proposed by the individual is approved are not paid within the period of 28 days beginning with the day on which payment is due.

(4) The order must include provision for securing that, where an insolvency-related term of a contract ceases to have effect under the order, the supplier may terminate the supply unless the supervisor of the voluntary arrangement personally guarantees the payment of any charges in respect of the continuation of the supply.

(5) The order may provide for exceptions to the right of a supplier to terminate a supply under provision made by virtue of subsection (4).

(6) The order must (in addition to the provision mentioned in subsections (3) and (4)) include such other provision as the Secretary of State considers appropriate for securing that the interests of suppliers are protected.

(7) A contract for the supply of essential goods or services is a contract for a supply mentioned in section 372(4) of the Insolvency Act 1986.

(8) An insolvency-related term of a contract for the supply of essential goods or services to an individual is a provision of the contract under which—

(a) the contract or the supply would terminate, or any other thing would take place, because the voluntary arrangement proposed by the individual is approved,

(b) the supplier would be entitled to terminate the contract or the supply, or to do any other thing, because the voluntary arrangement proposed by the individual is approved, or

(c) the supplier would be entitled to terminate the contract or the supply because of an event that occurred before the voluntary arrangement proposed by the individual is approved.”

84E

Insert the following new Clause—

“Sections (Corporate insolvency: power to give further protection to essential supplies) and (Individual insolvency: power to give further protection to essential supplies): supplemental

(1) The power to make an order under section (Corporate insolvency: power to give further protection to essential supplies) or (Individual insolvency: power to give further protection to essential supplies) includes—

(a) power to make different provision for different cases;

(b) power to provide for a person to exercise a discretion in a matter;

(c) power to make incidental, supplementary, consequential, transitional or saving provision;

(d) power to make any provision that may be made by the order by amending the Insolvency Act 1986 or any other enactment.

(2) An order under either of those sections may not be made so as to have effect in relation to contracts entered into before the order come into force.

(3) An order under either of those sections must be made by statutory instrument.

(4) A statutory instrument containing an order under either of those sections may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

(5) In this section, “enactment” has the same meaning as in section (Power to add to supplies protected under Insolvency Act 1986).”

Clause 82

VISCOUNT YOUNGER OF LECKIE

85

Page 81, line 1, leave out “and 64(1) and (2)” and insert “, 64(1) and (2) and (Abolition of Agricultural Wages Board and related English bodies)(1) to (3)”

LORD WHITTY

BARONESS TRUMPINGTON

THE LORD BISHOP OF HEREFORD

[As an amendment to Amendment 85]

85A*

Line 2, leave out “to (3)” and insert “and (2)”

VISCOUNT YOUNGER OF LECKIE

86

Page 81, line 4, at end insert “, and

(e) an amendment, repeal or revocation made by Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) has the same extent as the provision amended, repealed or revoked, subject to subsection (5A).

(5A) The repeals of the following provisions in Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) extend to England and Wales only—

(a) section 67 of the Agriculture Act 1967,

(b) paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,

(c) paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,

(d) paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and

(e) paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.”

LORD WHITTY

BARONESS TRUMPINGTON

THE LORD BISHOP OF HEREFORD

[As an amendment to Amendment 86]

86A*

Line 5, leave out from “revoked” to end of line 16

VISCOUNT YOUNGER OF LECKIE

86B

Page 81, line 9, leave out “section 78 extends” and insert “—

( ) sections (Power to add to supplies protected under Insolvency Act 1986), (Corporate insolvency: power to give further protection to essential supplies), (Sections (Corporate insolvency: power to give further protection to essential supplies) and (Individual insolvency: power to give further protection to essential supplies): supplemental) and 78 extend”

86C

Page 81, line 9, at end insert—

“( ) section (Individual insolvency: power to give further protection to essential supplies) extends only to England and Wales.”

Clause 83

VISCOUNT YOUNGER OF LECKIE

87

Page 81, line 12, at end insert—

“( ) section (ACAS: prohibition on disclosure of information);”

88

Page 81, line 13, at end insert—

“( ) section (Transitional provision: consultation);”

89

Page 81, line 14, leave out “section 46” and insert “sections 46 and (Orders under section 46: procedural requirements)”

89A

Page 81, line 16, at end insert—

“( ) sections (Power to add to supplies protected under Insolvency Act 1986), (Corporate insolvency: power to give further protection to essential supplies), (Individual insolvency: power to give further protection to essential supplies) and (Sections (Corporate insolvency: power to give further protection to essential supplies) and (Individual insolvency: power to give further protection to essential supplies): supplemental;”

90

Page 81, line 20, after “regulations” insert “, rules”

91

Page 81, line 26, after “11,” insert “(Dismissal for political opinions etc: no qualifying period of employment),”

92

Page 81, line 26, leave out “15” and insert “(Disclosures not protected unless believed to be made in the public interest), (Power to reduce compensation where disclosure not made in good faith), (Extension of meaning of “worker”)”

In the Title

VISCOUNT YOUNGER OF LECKIE

93

Line 8, after “data;” insert “to make provision for the protection of essential supplies in cases of insolvency;”

Prepared 10th April 2013