Small Business, Enterprise and Employment Bill

MARSHALLED
LIST OF Amendments
to be moved
in grand committee

The amendments have been marshalled in accordance with the Instruction of 15th December 2014, as follows—

Clauses 1 to 39
Clause 109
Clauses 71 to 74
Schedule 8
Schedule 2
Clauses 110 to 123
Clauses 75 to 78
Schedule 9
Schedule 3
Clauses 124 to 130
Clauses 79 to 81
Schedule 10
Schedule 4
Clauses 131 to 141
Clauses 82 to 91
Schedule 11
Schedule 5
Clauses 142 to 151
Clauses 92 to 94
Clause 40
Schedule 6
Schedule 1
Clauses 95 to 108
Clauses 41 to 70
Schedule 7
Clauses 152 to 158

[Amendments marked * are new or have been altered]

Before Clause 1

LORD MITCHELL

LORD STEVENSON OF BALMACARA

1

Insert the following new Clause—

“Needs and requirements of small and medium sized enterprises

(1)     The Secretary of State shall provide a report on the future needs and
requirements of the small and medium enterprise sector for the next ten
years with regard to—

(a)   access to advice;

(b)   access to finance;

(c)   access and support to engage in the export sector;

(d)   training;

(e)   recruitment of apprentices.

(2)     This report shall be published within six months of the passing of this Act
and shall be laid before both Houses of Parliament.”

Clause 1

LORD MITCHELL

LORD STEVENSON OF BALMACARA

2

Page 1, line 10, leave out paragraph (c)

Clause 3

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

3

Page 3, line 40, leave out “may” and insert “shall”

4

Page 3, line 43, after “policies” insert “and performance”

LORD FLIGHT

LORD LEIGH OF HURLEY

5*

Page 4, line 14, at end insert—

“( )   it qualifies as a small or medium sized business for the purposes of
the Research and Development Corporation Tax relief”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

6

Page 4, line 28, at end insert—

“( )     “Performance” has such meaning as may be prescribed, and the
information which may be prescribed shall in particular include
information on late payment of invoices by the company, to be included in
a quarterly report which shall include—

(a)   lists of all payments to suppliers which were made over 30 days
after the date indicated by the suppliers’ agreed payment terms,
without a formal query having been registered with the suppliers
within a period as may be prescribed;

(b)   confirmation, for each instance listed under paragraph (a), that
interest, equalling the Bank of England base rate plus 8% APR, was
paid to compensate the supplier for overdue payment;

(c)   assurance, for each instance listed under paragraph (a) where
confirmation of compensation under paragraph (b) cannot be
provided, of a payment plan in place to compensate suppliers on
the basis set out in that paragraph; and

(d)   assurance from the relevant auditor that the company is
maintaining accurate and honest financial records and statements
as outlined in subsections (1) and (2) of section 498 of the
Companies Act 2006 (duties of auditor).”

7

Page 4, line 31, at end insert—

“( )     A person making a false report of payment performance commits an
offence and shall be subject to a fine not exceeding the statutory maximum
on summary conviction.”

BARONESS NEVILLE-ROLFE

8

Page 4, line 40, at end insert—

“( )     Until section 85(2) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 comes into force, in subsection (7)(a), “a fine” is to be
read as “a fine not exceeding level 5 on the standard scale”.”

LORD MITCHELL

LORD STEVENSON OF BALMACARA

9

Page 4, line 40, at end insert—

“(7A)    It shall be an offence for a company to fail to complete a payment plan to
compensate a supplier where payment to that supplier has been made
more than 30 days after the date indicated by that supplier’s agreed
payment terms.

(7B)    A company committing an offence under subsection (7A) shall be subject
to a fine not exceeding the amount of the invoice or £10,000 on summary
conviction.”

After Clause 3

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

10

Insert the following new Clause—

“Companies: dealing with suppliers

(1)     The Secretary of State may make regulations—

(a)   imposing a limit on the number of days after receipt of a supplier’s
invoice a company can seek to challenge that invoice,

(b)   prohibiting the practice of a company seeking to change the
payment terms of a supplier company unilaterally, and

(c)   prohibiting a company from requiring a supplier company to make
a payment in order to join that company’s list of suppliers.

(2)     The regulations may make provision for a prescribed breach by a
prescribed description of person of a requirement or prohibition imposed
by the regulations to be an offence punishable on summary conviction—

(a)   in England and Wales, by a fine;

(b)   in Scotland or Northern Ireland, by a fine not exceeding level 5 on
the standard scale.

(3)     The regulations may specify the size of company and supplier company to
which they will apply.

(4)     Before making regulations under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(5)     Regulations under this section are subject to affirmative resolution
procedure.

(6)     For the purposes of this section—

“company” has the meaning given by section 1(1) of the Companies
Act 2006 (companies);

“prescribed” means prescribed by regulations.”

LORD MITCHELL

LORD STEVENSON OF BALMACARA

11

Insert the following new Clause—

“Prompt Payment Code: duties of Secretary of State

(1)     The Secretary of State shall ensure that any business with payment terms
of more than 60 days cannot sign up to the Prompt Payment Code, and that
any existing signatory with payment terms of more than 60 days is
removed from the list.

(2)     At the end of each financial year, the Secretary of State shall write to all
businesses in the FTSE 350 who are not signatories of the Prompt Payment
Code asking them to become so.

(3)     The Secretary of State shall publish a list of those businesses written to,
prominently on the Government’s website.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

12*

Insert the following new Clause—

“Payment practices: retention of monies

(1)     The Secretary of State may by regulations impose requirements on certain
companies to publish information about their policies, practices and
performance in holding, safeguarding and releasing sums withheld by, or
in behalf of, a payer from monies which would otherwise be due under a
contract, the effect of which would provide the payer with security for the
current and future performance by the payee of any or all of the payee’s
obligations under the contract (“retention monies”).

(2)     The regulations under subsection (1) may prescribe—

(a)   the companies or type of companies to which the regulations apply;

(b)   the information required to be published;

(c)   the intervals at which, and format and manner in which,
publication must take place; and

(d)   the type of description of contractual provision to which the
regulations apply.

(3)     The restrictions on regulations in section 3(3) shall apply to regulations
made under subsection (1) of this section.

(4)     The Secretary of State shall arrange a review of the operation of the type of
contractual provisions mentioned in subsection (1) after a period of 18
months following the coming into force of the first regulations made under
subsection (1), and shall lay a copy of the report of the review before each
House of Parliament.

(5)     The review provided for under subsection (4) may make recommendations
for requirements and obligations to be imposed upon certain types or
descriptions of companies in relation to the practice of retaining monies as
described in subsection (1).

(6)     After public consultation, the Secretary of State may by regulations impose
such requirements and obligations on prescribed companies as were
recommended by the review, in whole or in part and with such
amendments as the Secretary of State believes to be required in order to—

(a)   ensure that the practice of withholding retention monies does not
give rise to unfair treatment of payees;

(b)   provide assurance that retention monies are held securely; and

(c)   ensure that the position of a payee company from whom retention
monies are being withheld is protected when a payer company
becomes insolvent.”

Clause 4

LORD MITCHELL

LORD STEVENSON OF BALMACARA

13

Page 5, line 8, at end insert—

“(c)   a duty on designated banks and designated credit reference
agencies to provide information about the criteria used to calculate
the credit score of a small and medium sized business customer to
such customers.”

14

Page 5, line 18, at end insert—

“( )     The regulations must provide that the duty in subsection (1)(c) only applies
where a small or medium sized business makes a request to a designated
credit reference agency or bank.”

15

Page 5, line 27, at end insert—

“( )   to which the duty in subsection (1)(c) applies;”

BARONESS NEVILLE-ROLFE

16

Page 5, line 37, after “to” insert “include an appropriate term in its standard terms
and conditions or to otherwise”

LORD MITCHELL

LORD STEVENSON OF BALMACARA

17

Page 6, line 6, at end insert—

“( )     For the purposes of this section, a designated bank or designated credit
reference agency may only share information that has been specifically
identified by the business to which the information relates.”

18

Page 6, line 6, at end insert—

“( )     Before making regulations under subsection (1), the Treasury shall carry
out an impact assessment which will examine—

(a)   costs incurred by the bank, credit reference agency and business;
and

(b)   the impact that costs incurred will have on the final cost of
borrowing for small and medium sized enterprises.”

Clause 5

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

19

Page 7, line 37, at end insert—

“( )     The Secretary of State shall report annually on the number of times
regulations have been made under the provisions outlined in this section,
and how often they have been used.”

Clause 6

BARONESS NEVILLE-ROLFE

20

Page 8, line 24, after “(a)” insert “or (4)(b)”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

21

Page 8, line 43, leave out subsection (8) and insert—

“(7A)    Credit information regulations shall provide a small or medium sized
business with the right to complain to the Financial Ombudsman Service
seeking a determination requiring a designated credit reference agency to
rectify, block, erase or destroy data held about the complainant.

(7B)    In section 226A(2) of the Financial Services and Markets Act 2000
(consumer credit jurisdiction), after paragraph (f) insert—

“(g)   the complaint is one falling under section 6(7A) of the Small
Business, Enterprise and Employment Act 2015.””

BARONESS NEVILLE-ROLFE

22

Page 9, line 1, leave out from beginning to “5” in line 2 and insert “Regulations
under section 4 or”

23

Page 9, line 3, leave out subsection (11)

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

24

Page 9, line 3, leave out “negative” and insert “affirmative”

Clause 7

LORD FLIGHT

LORD LEIGH OF HURLEY

25*

Page 9, line 8, leave out paragraph (a) and insert—

“(a)   it has fewer than 500 employees, and either an annual
turnover not exceeding £100 million or a balance sheet not
exceeding £86 million,”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

26

Page 9, line 9, leave out paragraph (b)

BARONESS NEVILLE-ROLFE

27

Page 9, line 29, leave out “, or” and insert “in the course of a business,

(b)   ”

28

Page 9, line 30, after “business” insert “, or

(c)   provides, arranges or facilitates invoice discounting or
factoring in the course of a business,”

29

Page 9, line 43, leave out “negative” and insert “affirmative”

Clause 10

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

BARONESS NEVILLE-ROLFE

30

Page 12, line 4, leave out “negative” and insert “affirmative”

Clause 11

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

31

Page 12, line 17, at end insert—

“( )     Prior to the commencement of this section, the Secretary of State
shall—

(a)   commission an independent assessment of the functions
and powers of UK Export Finance (“UKEF”) and UK Trade
and Investment (“UKTI”);

(b)   make a report to Parliament of steps to be taken in response
to the findings of the assessment referred to in paragraph
(a);

(c)   commission an assessment to determine actions to improve
the awareness of UKEF and UKTI to small and medium
sized enterprises.”

Clause 12

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

32

Page 12, line 21, at end insert—

“( )     After subsection (1A) of section 1 (assistance in connection with exports of
goods and services) insert—

“(1B)    In fulfilling the duties outlined in subsection (1), the Secretary of
State must have regard to promoting UK Government adherence to
the UN Guiding Principles on Business and Human Rights.

(1C)    The Secretary of State must prepare and lay a report before both
Houses of Parliament reviewing the moral and ethical standards
observed by persons carrying on business in the United Kingdom
for the supply of goods or services to persons carrying on business
outside the United Kingdom.””

After Clause 14

LORD MITCHELL

LORD STEVENSON OF BALMACARA

33

Insert the following new Clause—

“Government impact on small business performance: duty to report

(1)     The Secretary of State must provide an annual report to each House of
Parliament setting out steps the Government has taken to support British
small and medium sized businesses over the previous 12 months.

(2)     The report mentioned in subsection (1) must be made no more than 10
sitting days before, or after, the end of each financial year following the
coming into force of this Act.”

Clause 35

BARONESS NEVILLE-ROLFE

34

Page 32, line 36, leave out from “instrument” to end of line 42 and insert “,

(d)   may not be made unless—

(i)   in the case of regulations made by the Secretary of
State, a draft of the statutory instrument containing
the regulations has been laid before Parliament and
approved by a resolution of each House of
Parliament,

(ii)   in the case of regulations made by the Welsh
Ministers, a draft of the statutory instrument
containing the regulations has been laid before, and
approved by a resolution of, the National Assembly
for Wales.”

After Clause 35

BARONESS NEVILLE-ROLFE

35

Insert the following new Clause—

“Section 35: supplementary and consequential provision

(1)     In section 41 of the Landlord and Tenant Act 1954 (trusts), after subsection
(2) insert—

“(3)     Where a tenancy is held on trust, section 43ZA(2) has effect as if—

(a)   paragraph (b) were omitted, and

(b)   the condition in paragraph (c)(i) were a condition that the
terms of the tenancy require at least one individual who is a
trustee or a beneficiary under the trust to occupy the
dwelling-house as a home (whether or not as that
individual’s only or principal home).”

(2)     A dwelling-house which is let under a home business tenancy is to be
regarded as being “let as a separate dwelling” for the purposes of—

(a)   section 1 of the Rent Act 1977 (protected tenancies),

(b)   section 79 of the Housing Act 1985 (secure tenancies),

(c)   section 1 of the Housing Act 1988 (assured tenancies), and

(d)   any other England and Wales enactment relating to protected,
secure or assured tenancies.

(3)     Subsections (1) and (2) do not apply to the tenancies mentioned in section
35(5).

(4)     Subsections (2) and (3) do not limit the circumstances in which a dwelling-
house which is let under a home business tenancy is to be regarded as “let
as a separate dwellling”.

(5)     In this section—

  “enactment” includes provision made—

(a)   under an Act, or

(b)   by or under a Measure or Act of the National Assembly for
Wales,

“England and Wales enactment” means any enactment so far as it
forms part of the law of England and Wales,

“home business tenancy” has the same meaning as in section 43ZA of
the Landlord and Tenant Act 1954.”

Schedule 2

BARONESS NEVILLE-ROLFE

36

Page 151, line 34, after “fine.” insert—

“(2)     Until section 85(2) of the Legal Aid, Sentencing and Punishment
of Offenders Act 2012 comes into force, in subsection (1)(b), “a
fine” is to be read as “a fine not exceeding level 5 on the standard
scale”.”

After Clause 78

LORD WATSON OF INVERGOWRIE

LORD PHILLIPS OF SUDBURY

37

Insert the following new Clause—

“Duty to keep register updated

(1)     The Secretary of State may by regulations make provision prescribing the
steps to be taken by the registrar of companies to ensure that the
information on PSC registers or as the case may be the central register is as
accurate, reliable and up to date as possible.

(2)     Regulations under this section are subject to the affirmative resolution
procedure.”

Schedule 3

BARONESS NEVILLE-ROLFE

38

Page 159, line 29, leave out “the specified conditions in”

LORD WATSON OF INVERGOWRIE

LORD PHILLIPS OF SUDBURY

39

Page 159, line 30, at end insert—

“(i)   details of any and all intermediaries used by the PSC to
exercise control”

BARONESS NEVILLE-ROLFE

40

Page 159, line 40, leave out “the specified conditions in”

LORD WATSON OF INVERGOWRIE

LORD PHILLIPS OF SUDBURY

41

Page 159, line 41, at end insert—

“(f)   details of any and all intermediaries used by the PSC to
exercise control”

BARONESS NEVILLE-ROLFE

42

Page 160, line 6, leave out “the specified conditions in”

LORD WATSON OF INVERGOWRIE

LORD PHILLIPS OF SUDBURY

43

Page 160, line 7, at end insert—

“(g)   details of any and all intermediaries used by the PSC to
exercise control”

44

Page 162, leave out lines 32 to 40

BARONESS NEVILLE-ROLFE

45

Page 166, leave out lines 40 to 46 and insert “to a fine not exceeding level 3 on the
standard scale and, for continued contravention, a daily default fine not exceeding
one-tenth of level 3 on the standard scale.”

46

Page 168, leave out lines 17 to 23 and insert “to a fine not exceeding level 3 on the
standard scale and, for continued contravention, a daily default fine not exceeding
one-tenth of level 3 on the standard scale.”

LORD WATSON OF INVERGOWRIE

LORD PHILLIPS OF SUDBURY

47

Page 171, line 20, at end insert—

“(c)   provide for the application to be reviewed by the registrar
on application by a third party with evidence of the
public interest of disclosure;

(d)   provide for the register to show that pursuant to an
application under this section restrictions on use and
disclosure are in place”

LORD FLIGHT

LORD LEIGH OF HURLEY

48*

Page 177, line 21, after “1907” insert “or a comparable limited partnership that,
under the law by which it is governed, is not a legal person”

49*

Page 177, line 21, leave out “one” and insert “a limited partner”

BARONESS NEVILLE-ROLFE

50

Page 177, line 36, at end insert—

“( )   in consequence of any provision made by virtue of paragraph (b),
to change or supplement Part 2 of this Schedule so that
circumstances specified in that Part in which a person is to be
regarded as holding an interest in a company correspond to any
of the specified conditions, or would do so but for the extent of
the interest.”

Clause 86

LORD FLIGHT

LORD LEIGH OF HURLEY

51*

Page 60, line 29, leave out from “company” to end of line 30 and insert “to the
extent it is reasonable, just and equitable for any such general duty to apply.”

Clause 89

BARONESS NEVILLE-ROLFE

52

Page 67, line 34, after “exceeding” insert “the greater of £500 and”

53

Page 68, line 1, after “exceeding” insert “the greater of £500 and”

54

Page 68, line 7, at end insert—

“( )     Until section 85(2) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012 comes into force, in subsection (4)(b)(i), “a fine”
is to be read as “a fine not exceeding level 5 on the standard scale”.”

55

Page 68, line 41, after “exceeding” insert “the greater of £500 and”

56

Page 69, line 14, after “exceeding” insert “the greater of £500 and”

Schedule 5

BARONESS NEVILLE-ROLFE

57

Page 199, leave out lines 41 to 47 and insert “to a fine not exceeding level 3 on the
standard scale and, for continued contravention, a daily default fine not exceeding
one-tenth of level 3 on the standard scale.”

58

Page 201, leave out lines 40 to 46 and insert “to a fine not exceeding level 3 on the
standard scale and, for continued contravention, a daily default fine not exceeding
one-tenth of level 3 on the standard scale.”

59

Page 205, line 42, after “exceeding” insert “the greater of £500 and”

60

Page 208, line 8, after “exceeding” insert “the greater of £500 and”

Clause 110

BARONESS NEVILLE-ROLFE

61

Page 90, line 21, at end insert—

“(2)     In section 24 of that Act (extent), for subsection (2) substitute—

“(2)     Subsections (1) to (2A) of section 11 also extend to Northern
Ireland.””

Clause 144

LORD WILLS

LORD LOW OF DALSTON

62

Page 124, line 5, at end insert—

“( )     In section 43B (disclosures qualifying for protection), after subsection (1)
insert—

“(1A)    For the purposes of subsection (1), a “qualifying disclosure”
includes instances where a worker is thought to have made a
disclosure for information.””

63

Page 124, line 28, at end insert—

“( )     For section 43J substitute—

“43JA           Contractual duties of confidentiality (No. 2)

No agreement made before, during or after employment between a
worker and an employer may preclude a worker from making a
protected disclosure.””

64

Page 124, line 28, at end insert—

“( )     In section 43K(1) (extension of meaning of “worker” etc. for Part IVA), after
paragraph (d) insert—

“( )   is or was provided with work experience pursuant to an
education, training course or programme that leads to
registration with a body mentioned in sections 25(1) or 25(3)
of the National Health Service Reform and Health Care
Professions Act 2002.””

65

Page 124, line 28, at end insert—

“( )     In section 43K(1) (extension of meaning of “worker” etc. for Part IVA), after
paragraph (d) insert—

“( )   is or has been a job applicant.””

66

Page 124, line 28, at end insert—

“( )     In section 43L (other interpretative provisions), at end insert—

“(4)     A disclosure of information shall include allegations.””

67

Page 124, line 28, at end insert—

“( )     In section 203(3)(c) (restrictions on contracting out), at end insert “and the
impact of section 43JA on the agreement”.”

After Clause 144

LORD WILLS

LORD LOW OF DALSTON

68

Insert the following new Clause—

“Codes of practice

(1)     The Trade Union and Labour Relations (Consolidation) Act 1992 is
amended as follows.

(2)     In section 203 (Codes of Practice issued by the Secretary of State), after
paragraph (1)(b) insert—

“(c)   of promoting effective whistleblowing arrangements.””

Clause 41

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

69

Page 38, line 20, leave out subsection (6)

Clause 42

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

70

Page 38, line 46, leave out “or more” and insert “tied”

71

Page 38, line 46, leave out from “description);” to end of line 47

72

Page 39, line 1, leave out “may” and insert “shall”

73

Page 39, line 2, after “that” insert “only”

74

Page 39, line 3, leave out “are” and insert “can be”

75

Page 39, line 6, after “a” insert “new lease or tenancy with a”

76

Page 39, line 7, after “tenant” insert “only”

77

Page 39, line 8, after “of” insert “renewal of a”

78

Page 39, line 8, leave out “renewal”

79

Page 39, line 11, leave out “a significant” and insert “an unfair”

80

Page 39, line 14, leave out paragraphs (c) and (d)

81

Page 39, line 17, leave out “an event” and insert “a material change in
circumstances (as defined in paragraph 2(7) of Schedule 6 to the Local Government
Finance Act 1988)”

82

Page 39, line 19, at end insert—

“( )     The Pubs Code shall offer an exemption from the Market Rent Only Option
for a mutually agreed period in return for a significant investment by a
large pub-owning business in that tenant’s pub.”

83

Page 39, line 23, after “agreeable” insert “new tenancy or lease with a”

84

Page 39, line 25, after “(7)” insert “, and if the large pub-owning business and the
tenant have not reached a mutually agreeable Market Rent Only settlement,”

85

Page 39, line 40, leave out “time” and insert “end”

86

Page 39, line 42, after “business” insert “under the new lease or tenancy”

87

Page 39, line 43, at end insert—

“( )   the tenant will comply with the provisions of the existing contract
until the new Market Rent Only contract comes into effect”

88

Page 39, line 50, at end insert “provided that the requirement to enter into a new
tenancy or lease if such tenants choose the Market Rent Only option shall not be
considered discrimination”

89

Page 40, line 3, leave out “a significant” and insert “an unfair”

Clause 43

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

90

Page 40, line 26, at end insert—

“( )     Any proposed changes to the Pubs Code must be subject to full
parliamentary scrutiny and consultation.”

Clause 65

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

91

Page 49, line 34, at end insert—

“and part of this agreement contains special commercial and financial advantages.”

Clause 66

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

92

Page 50, line 23, at end insert—

“( )     Subsections (3) and (4) may only be amended after independent review and
full public consultation.”

Clause 67

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

93

Page 50, line 27, leave out paragraph (b) and insert—

“(b)   who is party to negotiations which have reached the stage of a
provisional trading agreement for the prospective tenancy of a
premises which are, or expected to be, a tied pub ahead of any final
terms of the agreement being agreed.”

94

Page 50, leave out line 43

95

Page 50, line 43, at end insert—

“( )     The definition of tenancy in subsection (2) excludes temporary agreement
where the tenant has occupied the same pub premises for less than twelve
months.”

96

Page 50, line 43, at end insert—

“( )     The definition of “tenancy” in subsection (2) excludes franchise agreements
whereby no rent is paid by the franchisee and their share of the profit is
unaffected by the price paid for tied products.”

Clause 152

BARONESS NEVILLE-ROLFE

97

Page 141, line 24, leave out “section 35 as it applies” and insert “sections 35 and
(Section 35: supplementary and consequential provision) as they apply”

98

Page 141, line 40, after “35” insert “or (Section 35: supplementary and consequential
provision
)”

After Clause 152

BARONESS NEVILLE-ROLFE

99

Insert the following new Clause—

“Fines on summary conviction in England and Wales: transitory provision

(1)     Subsection (2) applies to any provision of this Act that provides that a
person guilty of an offence triable either way is liable on summary
conviction in England and Wales to a fine.

(2)     In relation to an offence committed before section 85(1) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference to a fine is to be read as a reference to a fine not exceeding the
statutory maximum.

(3)     After section 1131 of the Companies Act 2006 insert—

“1131A           Fines on summary conviction in England and Wales: transitory
provision

(1)     In relation to an offence committed before section 85(1) of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 comes into
force, in the provisions mentioned in subsection (2), “a fine” is to be
read as “a fine not exceeding level 5 on the standard scale”.

(2)     The provisions are—

(a)   section 156A(7)(a);

(b)   section 167D(5)(a);

(c)   section 279D(5)(a);

(d)   section 853L(2)(a).

(3)     In relation to an offence committed before section 85(1) of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 comes into
force, in the provisions mentioned in subsection (4), “a fine” is to be
read as “a fine not exceeding the statutory maximum”.

(4)     The provisions are—

(a)   section 790F(2)(b)(i);

(b)   section 790R(3)(b)(i);

(c)   section 1028A(11)(b)(i);

(d)   section 1032A(12)(b)(i);

(e)   paragraphs 7(1)(b)(i), 13(4)(b)(i) and 14(3)(b)(i) of Schedule
1B.””

Clause 153

BARONESS NEVILLE-ROLFE

100

Page 142, line 23, leave out “section 35 as it applies” and insert “sections 35 and
(Section 35: supplementary and consequential provision) as they apply”

101

Page 142, line 26, after “35” insert “or (Section 35: supplementary and consequential
provision
)”

Clause 156

BARONESS NEVILLE-ROLFE

102

Page 143, line 18, leave out “section” and insert “sections 110 and”

Clause 157

BARONESS NEVILLE-ROLFE

103

Page 144, line 29, at end insert—

“( )     Section 13 (electronic paying in of cheques etc) comes into force—

(a)   on the day this Act is passsed, for the purpose of enabling the
making of regulations under section 89D of the Bills of Exchange
Act 1882 (as inserted by section 13);

(b)   on 31 July 2016, for all other purposes.”

104

Page 144, line 30, leave out “Section 35 as it applies in Wales comes” and insert
“Sections 35 and (Section 35: supplementary and consequential provision) as they apply
in Wales come”

Prepared 6th January 2015