Enterprise and Regulatory Reform Bill

Page 2, line 2, leave out “two” and insert “three”

Page 2, line 9, at end insert—

“(2A) The second condition is that the Secretary of State is satisfied that the Bank’s objects in its articles of association are such that, acting consistently with them, its activities in making, facilitating or encouraging investments in each relevant period would (taken as a whole) be such as the Bank considers likely to contribute to a reduction of global greenhouse gas emissions.

(2B) In subsection (2A), “relevant period” means each financial year of the Bank taken together with all of its preceding financial years.”

Page 2, line 10, leave out “second” and insert “third”

Page 2, line 33, leave out “condition in subsection (3) is met” and insert “following two conditions are met”

Page 2, line 34, after “The” insert “first”

Page 2, line 39, at end insert—

“( ) The second condition is that the Secretary of State is satisfied that, if the alteration were made, the Bank’s objects in its articles of association would remain such that, acting consistently with them, its activities in making, facilitating or encouraging investments in each relevant period (within the meaning of section 2) would (taken as a whole) be such as the Bank considers likely to contribute to a reduction of global greenhouse gas emissions.”

Page 3, line 30, at end insert—

“( ) Where an order has been made under section 2, each report prepared by the directors of the Bank for a financial year under section 415 of the Companies Act 2006 must include—

(a) an explanation of the steps that the Bank took in that year to ensure that its activities in making, facilitating or encouraging investments in that year and in any previous financial years would (taken as a whole) be likely to contribute to a reduction of global greenhouse gas emissions, and

(b) a statement of the directors’ views on the likely effect of its activities in those years on global greenhouse gas emissions.”

Page 85, line 33, leave out “Section” and insert “Where the complaint concerns a failure to comply with a requirement of section 188, section”

Insert the following new Clause—

“Dismissal for political opinions: no qualifying period of employment

In section 108 of the Employment Rights Act 1996 (qualifying period of employment), after subsection (3) insert—

“(4) Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee’s political opinions or affiliation.””

Leave out Clause 12

Page 10, line 16, at end insert—

“( ) The tribunal shall have regard to an employer’s ability to pay—

(a) in deciding whether to order the employer to pay a penalty under this section;

(b) (subject to subsections (2) to (4A)) in deciding the amount of a penalty.”

Page 10, leave out lines 20 to 34 and insert—

“This section does not apply where subsection (3) or (4A) applies.

(2A) Subsection (3) applies where an employment tribunal—

(a) makes a financial award against an employer on a claim, and

(b) also orders the employer to pay a penalty under this section in respect of the claim.

(3) In such a case, the amount of the penalty under this section shall be 50% of the amount of the award, except that—

(a) if the amount of the financial award is less than £200, the amount of the penalty shall be £100;

(b) if the amount of the financial award is more than £10,000, the amount of the penalty shall be £5,000.

(4) Subsection (4A) applies, instead of subsection (3), where an employment tribunal—

(a) considers together two or more claims involving different workers but the same employer, and

(b) orders the employer to pay a penalty under this section in respect of any of those claims.

(4A) In such a case—

(a) the amount of the penalties in total shall be at least £100;

(b) the amount of a penalty in respect of a particular claim shall be—

(i) no more than £5,000, and

(ii) where the tribunal makes a financial award against the employer on the claim, no more than 50% of the amount of the award.

But where the tribunal makes a financial award on any of the claims and the amount awarded is less than £200 in total, the amount of the penalties in total shall be £100 (and paragraphs (a) and (b) shall not apply).”

Page 10, line 37, leave out “(4)” and insert “(4A)”

Page 11, line 45, leave out from “(2)” to end of line 46 and insert “, (3) or (4A) by substituting a different amount”

Page 11, line 47, leave out “(4)” and insert “(4A)”

Insert the following new Clause—

“Personal liability for victimisation on the ground that a worker has made a protected disclosure

After 47B of the Employment Rights Act 1996 (protected disclosure) insert—

“47BA Liability of employees and agents

(1) A worker has the right not to be subjected to any detriment by any act by an employee or agent of his employer, done on the ground that the worker has made a protected disclosure.

(a) it does not matter whether in any proceedings the employer is found not to have contravened this Act by virtue of section 47BB(4).

(2) A does not contravene this section if—

(a) A relies on a statement by the employer or principal that doing that thing is not a contravention of this Act, and

(b) it is reasonable for A to do so.

47BB Liability of employers and principals

(1) Anything done by person A in the course of A’s employment must be treated as also done by the employer.

(2) Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal.

(3) It does not matter whether that thing is done with the employer’s or principal’s knowledge or approval.

(4) In proceedings against A’s employer B in respect of anything alleged to have been done by A in the course of A’s employment it is a defence for B to show that B took all reasonable steps to prevent A—

(a) from doing that thing, or

(b) from doing anything of that description.””

Page 12, line 28, at end insert—

“(4A) The Secretary of State shall make amendments to this section under the powers of subsection (4), to provide for the definition of “workers” to include applicants.”

Divide Clause 15 into two clauses, the first (Disclosures not protected unless believed to be made in the public interest) to consist of subsection (1) and the second (Extension of meaning of “worker”) to consist of subsections (2) to (11).

Insert the following new Clause—

“Power to reduce compensation where disclosure not made in good faith

(1) Omit the words “in good faith” in the following provisions of Part 4A of the Employment Rights Act 1996 (protected disclosures)—

(a) subsection (1) of section 43C (disclosure to employer or other responsible person);

(b) paragraph (b) of section 43E (disclosure to Minister of the Crown);

(c) subsection (1)(a) of section 43F (disclosure to prescribed person).

(2) In section 43G of that Act (disclosure in other cases), in subsection (1)—

(a) omit paragraph (a);

(b) in paragraph (b), for “he” substitute “the worker”.

(3) In section 43H of that Act (disclosure of exceptionally serious failure), in subsection (1)—

(a) omit paragraph (a);

(b) in paragraph (b), for “he” substitute “the worker”.

(4) In section 49 of that Act (remedies for detriment suffered in employment), after subsection (6) insert—

“(6A) Where—

(a) the complaint is made under section 48(1A), and

(b) it appears to the tribunal that the protected disclosure was not made in good faith,

the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.”

(5) In section 123 of that Act (compensatory award for unfair dismissal), after subsection (6) insert—

“(6A) Where—

(a) the reason (or principal reason) for the dismissal is that the complainant made a protected disclosure, and

(b) it appears to the tribunal that the disclosure was not made in good faith,

the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the complainant by no more than 25%.””

Page 14, line 32, at end insert—

“( ) Section (Dismissal for political opinions: no qualifying period of employment) does not apply where the effective date of termination of the contract of employment in question is earlier than the date on which that section comes into force.

“Effective date of termination” here has the meaning given by section 97(1) of the Employment Rights Act 1996.”

Page 14, line 37, at end insert—

“( ) Section (Disclosures not protected unless believed to be made in the public interest), (Power to reduce compensation where disclosure not made in good faith) or (Extension of meaning of “worker”) does not apply to a qualifying disclosure made before the section comes into force.

“Qualifying disclosure” here has the meaning given by section 43B of the Employment Rights Act 1996.”

Page 14, line 38, leave out subsection (4)

Insert the following new Clause—

Employee consultation

(1) Regulation 11 of the Information and Consultation of Employees Regulations 2004 (S.I. 2004 No. 3426) is amended as follows.

(2) After paragraph (1) insert—

“(1A) In any event an employer shall start the negotiation process set out in regulation 14(1)—

(a) not later than 6 April 2014 if the undertaking has 1,000 or more employees;

(b) not later than 6 April 2015 if the undertaking has 500 or more employees; and

(c) not later than 6 April 2016 if the undertaking has 250 or more employees.””

Page 15, line 8, at end insert—

“( ) In all its operations the issue of benefit or detriment to consumers shall be paramount, and where appropriate consumers shall be held to include small businesses.”

Page 92, line 24, at end insert—

“(2A) The membership of the CMA Board and of the CMA Panel shall include members with experience of both markets and consumer affairs.”

Page 92, line 35, at end insert—

“(8) The appointment under sub-paragraph (1)(a) of the person to be chair of the CMA shall be subject to endorsement by the appropriate Select Committee of the House of Commons.”

Page 93, line 13, leave out “sub-paragraph (1)” and insert “sub-paragraphs (1) and (1A)”

Page 94, line 39, at end insert—

“( ) The plan must include an assessment of the benefits to consumers of the objectives and activities undertaken under the plan, and where appropriate consumers should include small businesses.”

Page 96, line 27, leave out paragraph (g)

Page 96, line 27, at end insert—

“( ) the Financial Conduct Authority”

Page 99, line 33, at end insert—

“( ) All members of the CMA panel will be expected to have experience or knowledge of consumer affairs and consumer policy as well as knowledge of relevant markets.”

Page 100, line 15, at end insert—

“( ) at least three members with direct experience of consumer representation or consumer law;”

Page 115, line 17, leave out paragraph 63 and insert—

“63 In section 8, for “OFT” substitute “CMA”.”

Page 176, line 33, at end insert—

“( ) In paragraph 7, in sub-paragraph (3), for “Competition Commission” substitute “Competition and Markets Authority”.”

Page 15, line 31, at end insert—

“(c) a local authority or local authorities in general, Citizens Advice, Citizens Advice Scotland, the Trading Standards Institute or any other statutory or non-statutory body designated by the Secretary of State.”

Page 38, line 20, leave out from beginning to end of line 2 on page 39

Page 39, leave out lines 5 to 16

Page 39, line 18, leave out “Defences” and insert “Relevant mitigation”

Page 39, line 21, leave out “defence” and insert “relevant mitigation”

Page 39, line 26, leave out “defence” and insert “relevant mitigation”

Page 39, line 30, leave out “defence” and insert “relevant mitigation”

Page 43, line 13, leave out from “may” to “so” in line 14 and insert “make a sectoral regulator order if the Secretary of State considers that it is appropriate to do so for the purpose of promoting competition, within any market or markets in the United Kingdom, for the benefit of consumers.

(1A) A sectoral regulator order is an order that amends one or more enactments.”

Page 43, line 22, leave out “An order under subsection (1)” and insert “A sectoral regulator order”

Page 43, line 31, at end insert—

“( ) the Financial Conduct Authority”

Page 43, line 32, leave out subsection (4)

Page 44, line 5, leave out “An order under this section” and insert “A sectoral regulator order”

Page 44, line 7, leave out “an order under this section” and insert “a sectoral regulator order”

Page 44, line 21, leave out “subsections (1) and (4)” and insert “subsection (1A)”

Leave out Clause 46 and insert the following new Clause—

“Relations between concurrent sector regulators and the CMA

(1) Relations between the CMA and sector regulators with concurrent powers shall as far as practicable be conducted on the basis of cooperation and mutual transparency, subject to issues of commercial confidentiality and national security.

(2) Each of the following is a sectoral regulator—

(a) the Office of Communications;

(b) the Gas and Electricity Markets Authority;

(c) the Water Services Regulation Authority;

(d) the Office of Rail Regulation;

(e) the Northern Ireland Authority for Utility Regulation;

(f) the Civil Aviation Authority; and

(g) the Financial Conduct Authority.

(3) The CMA shall make a periodic report on the use of their concurrent powers by each of the sector regulators specified in subsection (2) and such report to be conducted in accordance with the provisions of Schedule 4, paragraph 16.

(4) If after receipt of a concurrency report under subsection (3) the Secretary of State should consider that there has been a serious failing by the sector regulator or if for any other reason that in the opinion of the Secretary of State merits such action is necessary in the interests of consumers or in the national interest the Secretary of State shall have the powers to remove from a concurrent sector regulator all or part of their functions in relation to those concurrent powers, in accordance with the following provisions.

(5) The Secretary of State may by order made by statutory instrument amend any enactment so as to remove from a sectoral regulator either or both of the following—

(a) all the functions of the regulator under Part 1 of the 1998 Act that are exercisable concurrently by the regulator and the Competition and Markets Authority (“the CMA”) or that would be so exercisable but for provision made by virtue of section 54(5)(e) of that Act;

(b) all the functions of the regulator under Part 4 of the 2002 Act that are exercisable concurrently by the regulator and the CMA.

(6) Before making an order under subsection (5), the Secretary of State must consult—

(a) the regulator whose functions would be removed by the order,

(b) any bodies who appear to the Secretary of State to represent the interests of persons in respect of whom those functions are exercisable (“regulated providers”),

(c) any bodies who appear to the Secretary of State to represent the interests of persons who use the services supplied by regulated providers,

(d) the CMA,

(e) where the regulator is the Office of Rail Regulation, the Scottish Ministers,

(f) where the regulator is the Northern Ireland Authority for Utility Regulation, the Department of Enterprise, Trade and Investment in Northern Ireland and the Department for Regional Development in Northern Ireland,

(g) where the regulator is the Water Services Regulation Authority, the Welsh Ministers, and

(h) in any case, such other persons as the Secretary of State considers appropriate.

(7) An order under this section may include transitional, transitory or saving provision.

(8) A statutory instrument containing an order under this section 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.

(9) In this section—

“amend” includes repeal or revoke;

“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,

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

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(10) The references to the CMA in subsections (5) and (6) are to be read, in relation to any time before the commencement of section 20(3), as references to the Office of Fair Trading.”

Insert the following new Clause—

“Orders under section 46: procedural requirements

(1) If the Secretary of State proposes to make a sectoral regulator order, the Secretary of State must carry out the first stage consultation.

(2) The first stage consultation is consultation with—

(a) the regulator whose functions would be removed by the order,

(b) the Competition and Markets Authority,

(c) where the regulator is the Office of Rail Regulation, the Scottish Ministers,

(d) where the regulator is the Northern Ireland Authority for Utility Regulation, the Department of Enterprise, Trade and Investment in Northern Ireland and the Department for Regional Development in Northern Ireland, and

(e) where the regulator is the Water Services Regulation Authority, the Welsh Ministers.

(3) If (following the first stage consultation) the Secretary of State still proposes to make a sectoral regulator order, the Secretary of State must carry out the second stage consultation.

(4) The second stage consultation is consultation with—

(a) the persons consulted at the first stage,

(b) any bodies who appear to the Secretary of State to represent the interests of persons in respect of whom the functions that would be removed by the order are exercisable (“regulated providers”),

(c) any bodies who appear to the Secretary of State to represent the interests of persons who use the services supplied by regulated providers, and

(d) such other persons as the Secretary of State considers appropriate.

(5) The Secretary of State must give the following information to each of the persons consulted as part of the first stage or second stage consultation—

(a) an explanation as to whether the Secretary of State is proposing to remove the functions of the regulator mentioned in subsection (2)(a) of section 46, the functions of the regulator mentioned in subsection (2)(b) of that section or both sets of functions;

(b) the reasons why the Secretary of State considers it appropriate to make the order.

(6) The reference to the Competition and Markets Authority in subsection (2) is to be read, in relation to any time before the commencement of section 20(3), as a reference to the Office of Fair Trading.

(7) In this section, “sectoral regulator order” has the same meaning as in section 46.”

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;””

Insert the following new Clause—

“Equality Act 2010: Equality Impact Assessment

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

(2) In Part 11, 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 sub-paragraph (a) and of such monitoring as is mentioned in sub-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.””

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

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

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

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”)”