Enterprise and Regulatory Reform Bill

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

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.”

Leave out Clause 62

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.””

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.””

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,”.”

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—

(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—

(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—

(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.”

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 the 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,”.”

Insert the following new Clause—

“Consultation about service charges

(1) In Regulation 6 of the Service Charges (Consultation Requirements) (England) Regulations 2003 for “£250” substitute “£330”.

(2) The Landlord and Tenant Act 1985 is amended as follows.

(3) In section 20 (limitation of service charges: consultation requirements), after subsection (5) insert—

“(5A) Regulations under subsection (5) may be made each calendar year, and may make provision to increase the amounts in paragraphs (a) and (b) of that subsection by an amount no less than the increase in the consumer prices index in that year.”

(4) In section 20ZA (consultation requirements: supplementary), in subsection (2) in the definition of “qualifying works”—

(a) after “means” insert “individual”;

(b) after “premises” insert—

“but does not include—

(a) any—

(i) works required to meet statutory fire safety requirements, or

(ii) other urgent repairs,

which result in the relevant contribution of any tenant being more than £330, and which could not reasonably have been foreseen at the start of the accounting year, or

(b) emergency works required to maintain secure access to the entrance and communal areas of the property.””

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.”

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.”

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.

Leave out from line 4 to end and insert—

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”.

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

(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 (Abolition of Agricultural Wages Board and related English bodies: consequential provision) 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”.

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—

Insert the following new Clause—

“Annual report on copyright licensing

(1) The Copyright Designs and Patents Act 1988 is amended as follows.

(2) In Part VII (miscellaneous and general), after section 301 insert—

“301A Annual report on copyright licensing

The Secretary of State shall present to Parliament an annual report from the Intellectual Property Office which shall include a review of the state of copyright licensing in the United Kingdom, of cross border co-ordination with other jurisdictions and of progress on protecting metadata.”.”

Page 62, line 32, at end insert—

“( ) Nothing contained in this section or in the Copyright, Designs and Patents Act 1988 shall have effect so as to treat the making, distributing or communicating to the public photographs, graphic or reprographic reproductions, or other two-dimensional images of relevant articles falling within section 52 as infringement of copyright in such articles or the artistic work from which they are derived.”

Page 62, line 32, at end insert—

“( ) This section applies where a design incorporating an artistic work or any part thereof has been made available to the public, in the United Kingdom or elsewhere.

( ) It is not an infringement of copyright in the artistic work to make and exploit articles the design of which produces on an informed user a different overall impression from the design of the article which has been made available to the public in accordance with this section.”

Page 62, line 32, at end insert—

“( ) This section shall not come into force before 1 June 2015”

Leave out Clause 67 and insert the following new Clause—

“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).”

Page 64, line 2, after “amend” insert “paragraph 12(3) of”

Page 64, line 3, at end insert “other than—

“(a) unpublished photographs taken before the commencement of section 3 of the Copyright Act 1956,

(b) films not falling within paragraph 12(2)(e) of Schedule 1 to the Copyright, Designs and Patents Act 1988, and

(c) all other unpublished literary and artistic works within the meaning of Article 2 of the Berne Convention by known authors who died after 1899”

Page 64, line 9, at end insert “subject to the exclusion in subsection (2)”

Page 64, line 16, at end insert—

“( ) Subsections (2) to (6) do not apply in relation to works falling under section 116A of the Copyright Designs and Patents Act 1988.”

Page 64, line 39, after “search” insert “of each individual work”

Page 65, line 22, after “owner” insert “exclusive licensee or an authorised representative”

Page 65, leave out lines 33 to 36

Page 65, line 37, leave out “other” and insert “additional”

Page 65, line 41, after “paid” insert “if deemed required”

Page 66, line 3, leave out “must” and insert “may”

Page 66, line 3, after “for” insert “additional”

Page 66, line 7, leave out “other” and insert “additional”

Page 66, line 8, leave out “, including in particular provision” and insert “of works”

Page 66, leave out lines 9 to 19 and insert—

“(7) The regulations must provide for a right conferred by section 77 to be treated as having been asserted in accordance with section 78.

(8) The regulations may include other provisions for the purposes of authorisation and licensing, including in particular provision—

(a) permitting the use of a work for incidental purposes including an application or search, and

(b) for the payment of fees to cover administrative expenses.”

Insert the following new Clause—

“Greater protection for authors when assigning or licensing copyright

In paragraph 1(c) of Schedule 1 to the Unfair Contract Terms Act 1977 (scope of sections 2 to 4 and 7), omit “copyright”.”

Insert the following new Clause—

“Diligent Search

(1) The Copyright Designs and Patents Act 1988 is amended as follows.

(2) In section 97(2)(a), after “infringement” insert “, in particular whether in respect of any work or group of works the defendant has carried out a diligent search in accordance with the requirements of inserted section 116A.”

(3) In section 191J(2)(a), after “infringement” insert “, in particular whether in respect of any work or group of works the defendant has carried out a diligent search in accordance with the requirements of paragraph 1A of Schedule 2A.”

Page 67, line 36, leave out from “which” to “, and” in line 38 and insert “the company becomes a quoted company”

Page 68, line 8, at end insert—

“( ) Subsection (2) does not apply in relation to a quoted company before the first meeting in relation to which it gives notice under subsection (1).”

Page 71, line 23, at end insert—

“(5A) Nothing in section 226B or 226C applies in relation to a remuneration payment or (as the case may be) a payment for loss of office made to a person who is, or is to be or has been, a director of a quoted company before the earlier of—

(a) the end of the first financial year of the company to begin on or after the day on which it becomes a quoted company, and

(b) the date from which the company’s first directors’ remuneration policy to be approved under section 439A takes effect.”

Page 71, line 30, leave out “Subject to subsections (3) and (4),”

Page 71, line 41, leave out “it” and insert “—

(a) subsection (2) does not apply, and

(b) the payment”

Page 72, line 2, leave out from end of line to “is” in line 3 and insert—

“( ) subsection (2) does not apply, and

( ) the payment”

Page 72, line 7, at end insert—

“(5) If in proceedings against a director for the enforcement of a liability under subsection (2)(b)—

(a) the director shows that he or she has acted honestly and reasonably, and

(b) the court considers that, having regard to all the circumstances of the case, the director ought to be relieved of liability,

the court may relieve the director, either wholly or in part, from liability on such terms as the court thinks fit.”

Page 72, line 31, after “company” insert “other than a payment to which section 226C does not apply by virtue of section 226D(5A)”

Page 74, line 7, at end insert—

“( ) In relation to a company that is a quoted company immediately before the day on which section 71 of this Act comes into force, section 439A(1)(a) of the Companies Act 2006 (as inserted by section 71(4) of this Act) applies as if—

(a) the reference to the day on which the company becomes a quoted company were a reference to the day on which section 71 of this Act comes into force, and

(b) at the end of the paragraph (but before the “, and”) there were inserted “or at an earlier general meeting”.

( ) In relation to a company that is a quoted company immediately before the day on which section 71 of this Act comes into force, section 226D(5A)(a) of the Companies Act 2006 (as inserted by section 72 of this Act) applies as if the reference to the day on which the company becomes a quoted company were a reference to the day on which section 71 of this Act comes into force.”

Page 74, line 8, leave out subsection (1)

Page 74, line 12, leave out subsection (2)

Page 74, line 29, leave out “(2) or”

Page 77, line 25, leave out subsections (3) and (4) and insert—

“(3) A statutory instrument containing (whether alone or with other provision)—

(a) regulations under section 75 which make provision by virtue of section 75(2)(d), or

(b) regulations under section 76,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument which—

(a) contains regulations under section 75, and

(b) is not an instrument to which subsection (3) applies,

is subject to annulment in pursuance of a resolution of either House of Parliament.”

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.”

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.”

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.”

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).”

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

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.”

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

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”

Page 81, line 9, at end insert—

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

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 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;”

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”)”

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