Enterprise and Regulatory Reform Bill

Insert the following new Clause—

“Interpretation of the green purposes: duty to assess impact on the Climate Change Act 2008

(1) In interpreting the purposes set out in section 1(1), it is the duty of the Board of the UK Green Investment Bank to assess whether the implementation of its investment strategy, or similar document outlining or amending the proposed investment portfolio, will as a whole, increase the likelihood of achieving carbon budgets and greenhouse reduction targets under the Climate Change Act 2008.

(2) In subsection (1), whether or not an investment strategy will increase the likelihood of achieving carbon budgets and greenhouse gas reduction targets shall be assessed compared to a scenario where the identified investments or investment categories did not proceed.

(3) In undertaking the assessment required under subsection (1), it is the duty of the Board of the UK Green Investment Bank to have regard to the advice and reports of the Committee on Climate Change as required under sections 34, 36 and 38 of the Climate Change Act 2008.

(4) The Board must not make a decision to adopt or amend its investment strategy or similar document as described in subsection (1), unless it is satisfied, as a result of the assessment conducted under that subsection, that the proposed investment portfolio will, as a whole, increase the likelihood of achieving carbon budgets and greenhouse gas reduction targets under the Climate Change Act 2008.”

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.”

Line 6, at end insert “and increase the likelihood of achieving carbon budgets and greenhouse gas targets under the Climate Change Act 2008”

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 first “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.”

Line 8, at end insert “and increase the likelihood of achieving carbon budgets and greenhouse gas targets under the Climate Change Act 2008”

Page 3, line 24, at end insert—

“(7) It is the duty of the Secretary of State to provide the European Commission with State aid notification concerning the intention to allow the Bank to borrow, including borrowing from the capital markets.

(8) The duty in subsection (7) must be fulfilled no later than 31 December 2013.

(9) In the event the European Commission approves the State aid notification concerning borrowing, it is the duty of the Treasury and of the Secretary of State to permit the Green Investment Bank to begin borrowing from the capital markets no later than 30 June 2015, or, if State aid approval has not been received by that date, no later than one month from the date of approval.”

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.”

Line 10, leave out paragraph (b) and insert “increase the likelihood of achieving carbon budgets and greenhouse gas targets under the Climate Change Act 2008;

(b) an explanation of how the reports and advice of the Committee on Climate Change (under sections 34, 36 and 38 of the Climate Change Act 2008) have been taken into account in the steps referred to in subsection (a); and

(c) a statement on the director’s views on the likely effect of its activities in those years on global greenhouse gas emissions and the achievement of carbon budgets and greenhouse gas targets under the Climate Change Act 2008.”

Page 4, line 33, at end insert—

“( ) In the case of alleged unfair dismissal, should the conciliation officer fail to secure a settlement, the claimant may proceed forthwith to an employment tribunal.”

Page 5, leave out lines 12 to 25

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—

“ACAS: prohibition on disclosure of information

In Part 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS etc), after section 251A insert—

“251B Prohibition on disclosure of information

(1) Information held by ACAS shall not be disclosed if the information—

(a) relates to a worker, an employer of a worker or a trade union (a “relevant person”), and

(b) is held by ACAS in connection with the provision of a service by ACAS or its officers.

This is subject to subsection (2).

(2) Subsection (1) does not prohibit the disclosure of information if—

(a) the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act,

(b) the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment,

(c) the disclosure is made for the purpose of enabling or assisting—

(i) a person appointed by ACAS under section 210(2), or

(ii) an arbitrator or arbiter appointed by ACAS under any enactment,

to carry out functions specified in the appointment,

(d) the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom),

(e) the disclosure is made in order to comply with a court order,

(f) the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or

(g) the disclosure is made with the consent of each relevant person to whom the information relates.

(3) Subsection (2) does not authorise the making of a disclosure which contravenes the Data Protection Act 1998.

(4) A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions.

(6) For the purposes of this section information held by—

(a) a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or

(b) an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment,

is information that is held by ACAS in connection with the provision of a service by ACAS.””

Page 7, line 21, at end insert—

“(6E) These procedures shall not apply in the case of alleged unfair dismissal.”

Page 7, leave out lines 35 to 38

Page 8, line 2, leave out “a specified number of appointed members” and insert “either two or four appointed members”

Page 8, leave out lines 4 to 6 and insert—

“(7) In proceedings heard by a judge and two or four appointed members, there shall be an equal number of—

(a) employer-representative members, and

(b) worker-representative members.”

Leave out Clause 11

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.

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

(3) 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 9, after “and” insert “in the health, safety and general interest of the workforce”

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%.””

Insert the following new Clause—

“Worker subjected to detriment by co-worker or agent of employer

(1) In section 47B of the Employment Rights Act 1996 (protected disclosures), after subsection (1) insert—

“(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done—

(a) by another worker of W’s employer in the course of that other worker’s employment, or

(b) by an agent of W’s employer with the employer’s authority,

on the ground that W has made a protected disclosure.

(1B) Where a worker is subjected to detriment by anything done as mentioned in subsection (1A), that thing is treated as also done by the worker’s employer.

(1C) For the purposes of subsection (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker’s employer.

(1D) In proceedings against W’s employer in respect of anything alleged to have been done as mentioned in subsection (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker—

(a) from doing that thing, or

(b) from doing anything of that description.

(1E) A worker or agent of W’s employer is not liable by reason of subsection (1A) for doing something that subjects W to detriment if—

(a) the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Act, and

(b) it is reasonable for the worker or agent to rely on the statement.

But this does not prevent the employer from being liable by reason of subsection (1B).”

(2) In section 48 of that Act (complaints to employment tribunals), in subsection (5)—

(a) for “includes, where” substitute “includes—

(a) where”;

(b) at the end insert—

“(b) in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.””

Page 14, line 29, at end insert—

“( ) Section (ACAS: prohibition on disclosure of information) does not apply in relation to a disclosure, or a request for information, made before that section comes into force.”

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), (Worker subjected to detriment by co-worker or agent of employer) 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 (2A)”

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 108, line 44, after “20” insert “(3)”

Page 109, line 17, after “Commission” insert “(excluding any period when he or she also holds office as a member of the CMA panel)”

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 16, line 10, leave out paragraph (f) and insert “, and must in particular

(f) make provision that is the same as or equivalent to the TUPE regulations”

Insert the following new Clause—

“Transitional provision: consultation

(1) This section applies in relation to a provision of this Act under or by virtue of which the CMA has a function of consulting another person in preparing rules, statements of policy, guidance or general advice or information.

(2) At any time before the provision comes into force, the Office of Fair Trading or the Competition Commission or both bodies acting jointly—

(a) may carry out any consultation that the CMA would have power to carry out after the provision comes into force, and

(b) for that purpose, may prepare drafts of any documents to which the consultation relates.

(3) At any time after the provision comes into force, the CMA may elect to treat any consultation carried out or other thing done under subsection (2) by the Office of Fair Trading or the Competition Commission (or by both bodies acting jointly) as carried out or done by the CMA.

(4) The Secretary of State may direct the Office of Fair Trading or the Competition Commission, or both of them acting jointly, to exercise a power conferred by subsection (2).”

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 paragraph 16 of Schedule 4.

(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.”

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

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

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;”.”

Leave out Clause 58

Leave out Clause 59

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.””

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.””

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.””

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.””

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.””

Leave out Clause 62

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.””

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.”

Insert the following new Schedule—

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.

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)”

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.”

Page 81, line 12, at end insert—

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

Page 81, line 13, at end insert—

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

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”)”