Small Business, Enterprise and Employment Bill

third
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 38 and 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]

Clause 38

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

35D*

Page 35, line 17, at end insert—

“( )     The Minister for the Cabinet Office or the Secretary of State may by
regulations ensure that the provisions detailed in this section will not
undermine the impact of the Localism Act 2011 and the Public Services
(Social Value) Act 2012 and shall have due regard to—

(a)   local authorities’ duty to promote economic growth in their
relevant area;

(b)   local authorities’ duty to promote skills development in their
relevant area;

(c)   advertising and procurement tender period appropriate to the size
of the business to ensure a secure procurement process;

(d)   the potential harm caused to local companies and businesses by the
relevant contracting authority’s choice of supplier through the
procurement process.”

LORD WHITTY

35E*

Page 35, line 24, at end insert “but does not include authorities which are under a
duty of best value as set out in section 3 of the Local Government Act 1999 (the
general duty) to make arrangements to secure continuous improvement in the way
in which its functions are exercised, having regard to a combination of economy,
efficiency and effectiveness.”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

35F*

Page 35, line 40, at end insert—

“( )   duties to establish the past payment performance of potential
parties to a contract, before contracts are entered into;

( )   duties to ensure contracts entered into include the contractors’
obligations for prompt payment of their suppliers.”

35G*

Page 36, line 2, at end insert—

“( )   duties to provide details of any costs related to undertaking
provisions outlined in paragraph (c)(ii);”

35H*

Page 36, line 8, at end insert—

“(f)   duties to report on—

(i)   the number of small businesses participating in the
procurement process,

(ii)   the number of contracts awarded to small businesses,

(iii)   the value of contracts awarded to small businesses, and

(iv)   the value of sub-contracts awarded to small businesses.

( )     In subsection (5)(f), “small business” means a business with 10 to 49
employees.”

35J*

Page 36, line 8, at end insert—

“(f)   duties to give due consideration in delivering fair and equal
procurement contracting by having regard to—

(i)   region of the company being awarded the procurement
contract,

(ii)   diversity amongst procurement contractors,

(iii)   value of contract awarded, and

(iv)   value of sub-contract awarded”

35K*

Page 36, line 8, at end insert—

“( )   duties to report on the extent to which the relevant contracting
authority has satisfied provisions outlined in section 1(3) in the
Public Services (Social Value) Act 2012 (contracts of relevant
authorities).”

LORD YOUNG OF NORWOOD GREEN

LORD STEVENSON OF BALMACARA

35L*

Page 36, line 8, at end insert—

“( )   duties to require an appropriate number of apprenticeships.”

35M*

Page 36, line 8, at end insert—

“( )   duties on local employment partnerships to work with the relevant
small and medium enterprise organisations to deliver an
apprenticeship strategy with appropriate objectives and a
consequent annual review;

( )   duties on schools, colleges, university technical colleges,
universities and other relevant education institutions to have
established links with local businesses to encourage apprenticeship
development through the procurement process.”

35N*

Page 36, line 8, at end insert—

“( )   duties relating to the assessment and publication of the extent to
which apprenticeships and training opportunities were provided
as a result of procurement of contracting authorities.”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

35P*

Page 36, line 8, at end insert—

“( )   duties to publish reports about the amount and proportions of
expenditure within procurement undertaken by a contracting
authority in relation to—

(i)   small and medium sized enterprises; and

(ii)   the area local to the contracting authority;

( )   duties to disclose and explain any reasons why a specified business
or company, or a specified category of business or company, may
be excluded from consideration by a contracting authority; and

( )   duties to publish information about the allocation, draw down,
usage, sub-contracting or other third-party deployment, and results
of the consumption of public resources by private entities.”

35Q*

Page 36, line 11, leave out “may” and insert “shall”

35R*

Page 36, line 16, leave out “negative” and insert “affirmative”

35S*

Page 36, line 16, at end insert—

“( )     Nothing in this Part shall affect the principle of localism or the duty of best
value placed on local authorities.”

Clause 39

LORD WHITTY

35T*

Page 36, line 33, at end insert “or a best value authority as set out in section 1 of the
Local Government Act 1999 (best value authorities)”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

35U*

Page 37, line 19, at end insert—

“( )     An investigation as outlined in subsection (8) shall give due consideration
to the fair and equal delivery of a procurement contract by having regard
to—

(a)   region of the company being awarded the procurement contract,

(b)   diversity amongst procurement contractors,

(c)   value of contract awarded, and

(d)   value of sub-contract awarded.”

35V*

Page 37, line 19, at end insert—

“(9)     A Minister, in carrying out the functions outlined in this section, shall
publish details of the investigation including the—

(a)   focus of the investigation,

(b)   findings of the investigation,

(c)   evidence considered.

(10)     Evidence classed as commercially confidential is excluded from the
provisions of subsection (9).”

LORD YOUNG OF NORWOOD GREEN

LORD STEVENSON OF BALMACARA

35W*

Page 37, line 19, at end insert—

“( )     The Minister shall publish an annual report on the apprenticeship
recruitment practices of prospective contractors and how this is taken into
consideration when the Government is considering bids for any public
contract.”

After Clause 39

LORD HODGSON OF ASTLEY ABBOTTS

35X*

Insert the following new Clause—

“Localism Act 2011 and the Public Services (Social Value) Act 2012

Nothing it this Part shall affect the provisions of the Localism Act 2011 or
the Public Services (Social Value) Act 2012.”

Clause 72

BARONESS JONES OF WHITCHURCH

BARONESS KING OF BOW

35AA*

Page 53, line 6, at end insert—

“(7)     The Secretary of State shall make arrangements for a review of the impact
and appropriateness of the reduction of the age threshold for childcare
provision in a school setting in terms of—

(a)   contribution to child development,

(b)   suitability of facilities and accommodation, and

(c)   maintenance of child protection standards.

(8)     The Secretary of State shall lay a report of the findings of the review
mentioned in subsection (7) before each House of Parliament within 18
months of section 64 coming into force.”

After Clause 73

BARONESS JONES OF WHITCHURCH

BARONESS KING OF BOW

35Y*

Insert the following new Clause—

“Staff to child ratios: Ofsted-registered non-domestic childminder

(1)     This section applies to Ofsted-registered, non-domestic childcare settings.

(2)     For children aged under two—

(a)   the ratio of staff to children must be no less than one to three;

(b)   at least one member of staff must hold a full and relevant level 3
qualification, and must be suitably experienced in working with
children under two;

(c)   at least half of all other members of staff must hold a full and
relevant level 2 qualification;

(d)   at least half of all members of staff must have received training in
care for babies; and

(e)   where there is a dedicated area solely for children under two years
old, the member of staff in charge of that area must, in the
judgement of their employer, have suitable experience of working
with children under two years old.

(3)     For children between the ages of two and three—

(a)   the ratio of staff to children must be no less than one to four;

(b)   at least one member of staff must hold a full and relevant level 3
qualification; and

(c)   at least half of all other members of staff must hold a full and
relevant level 2 qualification.

(4)     Where there is registered early years provision, which operates between
8 am and 4 pm, and a member of staff with Qualified Teacher Status, Early
Years Professional Status or other full and relevant level 6 qualification is
working directly with the children, for children aged three and over—

(a)   the ratio of staff to children must be no less than one to 13; and

(b)   at least one other member of staff must hold a full and relevant level
3 qualification.

(5)     Where there is registered early years provision, which operates outside the
hours of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a
member of staff with Qualified Teacher Status, Early Years Professional
Status or other full and relevant level 6 qualification is not working directly
with the children, for children aged three and over—

(a)   the ratio of staff to children must be no less than one to eight;

(b)   at least one member of staff must hold a full and relevant level 3
qualification; and

(c)   at least half of all other staff must hold a full and relevant level 2
qualification.

(6)     In independent schools where—

(a)   a member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification;

(b)   an instructor; or

(c)   a suitably qualified overseas-trained teacher is working directly
with the children, for children aged three and over—

(i)   for classes where the majority of children will reach the age
of five or older within the school year, the ratio of staff to
children must be no less than one to 30;

(ii)   for all other early years classes the ratio of staff to children
must be no less than one to 13; and

(iii)   at least one other member of staff must hold a full and
relevant level 3 qualification.

(7)     In independent schools where there is—

(a)   no member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification;

(b)   no instructor; or

(c)   no suitably qualified overseas-trained teacher, working directly
with the children, for children aged three and over—

(i)   the ratio of staff to children in early years classes must be no
less than one to eight;

(ii)   at least one member of staff must hold a full and relevant
level 3 qualification; and

(iii)   at least half of all other members of staff must hold a full and
relevant level 2 qualification.

(8)     In maintained nursery schools and nursery classes in maintained schools
(except reception classes)—

(a)   the ratio of staff to children must be no less than one to 13;

(b)   at least one member of staff must be a school teacher as defined by
section 122(3) of the Education Act 2002 (power to prescribe pay
and conditions) and Schedule 2 to the Education (School Teachers’
Qualifications) (England) Regulations 2003 (qualified teacher status
requirements); and

(c)   at least one other member of staff must hold a full and relevant level
3 qualification.

(9)     The Secretary of State may make provision in statutory guidance to—

(a)   define qualifications as “full and relevant”; and

(b)   define “suitable experience” for those working with children under
two.

(10)     If HM Chief Inspector of Education, Children’s Services and Skills is
concerned about the quality of provision or the safety and wellbeing of
children in a setting, he may impose different ratios.”

35Z*

Insert the following new Clause—

“Staff to child ratios: Ofsted-registered childminder settings

(1)     This section applies to Ofsted-registered childminder settings.

(2)     The ratio of staff to children under the age of eight must be no less than one
to six, where—

(a)   a maximum of three children may be young children;

(b)   a maximum of one child is under the age of one.

(3)     Any care provided by childminders for older children must not adversely
affect the care of children receiving early years provision.

(4)     If a childminder can demonstrate to parents, carers and inspectors, that the
individual needs of all the children are being met, then in addition to the
ratio set out in subsection (2), they may also care for—

(a)   babies who are siblings of the children referred to in subsection (2),
or

(b)   their own baby.

(5)     If children aged between four and five years only attend the childminding
setting outside of normal school hours or the normal school term time, they
may be cared for at the same time as three other young children, provided
that at no time does the ratio of staff to children under the age of eight
exceed one to six.

(6)     If a childminder employs an assistant or works with another childminder,
each childminder or assistant may care for the number of children
permitted by the ratios specified in subsections (2), (4) and (5).

(7)     Children may only be left in the sole care of a childminder’s assistant for
two hours in a single day.

(8)     Childminders must obtain the permission of a child’s parents or carers
before that child can be left in the sole care of a childminder’s assistant.

(9)     The ratios in subsections (2), (4) and (5) apply to childminders providing
overnight care, provided that the children are continuously monitored,
which may be through the use of electronic equipment.

(10)     For the purposes of this section a child is—

(a)   a “young child” up until 1 September following his or her fifth
birthday;

(b)   an “older child” after 1 September following his or her fifth
birthday.”

Clause 74

BARONESS JONES OF WHITCHURCH

BARONESS KING OF BOW

35AB*

Page 54, line 8, at end insert—

“(2)     In section 118 of the Education and Inspections Act 2006 (functions of the
Chief Inspector), after subsection (1)(d) insert—

“(e)   the quality and appropriateness of the facilities and
premises used by registered providers of early years
childcare.””

After Clause 74

BARONESS JONES OF WHITCHURCH

BARONESS KING OF BOW

35AC*

Insert the following new Clause—

“Information sharing for contacting new families

(1)     NHS trusts should make arrangements to share with local authorities’
records of live births to parents resident in their area, to be used by the local
authority for the purposes of identifying and contacting new families
through children’s centres and any other early years outreach services it
may operate.

(2)     The Secretary of State must, within a period of six months of the passing of
this Act, bring forward regulations placing consequential requirements on
trusts and local authorities in exercising their duty under subsection (1)
including, but not limited to—

(a)   the format of arrangements made;

(b)   the safeguarding of information;

(c)   the circumstances in which it would not be appropriate for a trust
to provide information to local authorities;

(d)   the regularity of data transfers;

(e)   timescales within which a local authority must contact new families
made known to it; and

(f)   any further requirements the Secretary of State deems necessary.”

BARONESS KING OF BOW

BARONESS JONES OF WHITCHURCH

35AD*

Insert the following new Clause—

“Proposals relating to three and four year olds

The Chancellor of the Exchequer shall within three months of the passing
of this Act lay a report before the House of Commons setting out—

(a)   an assessment of the benefits of top-up payments to people
responsible for a child or children aged three to four years since the
Childcare Payments Act 2014 came into force; and

(b)   an assessment of those benefits in addition to the likely benefits of
funding 25 hours per week free childcare for working persons
responsible for a child or children aged three and four.”

35AE*

Insert the following new Clause—

“Review of impact on childcare costs

The Chancellor of the Exchequer shall, three months after the passing of
this Act, and every three years thereafter, review the impact of measures on
the cost of childcare with particular reference to—

(a)   the effectiveness of the Childcare Payments Act 2014 on making
childcare more affordable;

(b)   the average cost of childcare for parents in work, including the
impact of other changes to the tax and benefits system and with
reference to the trends in childcare costs since 2010; and

(c)   the impact of supply-led measures on the cost of childcare.”

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 77

BARONESS JONES OF WHITCHURCH

BARONESS KING OF BOW

36ZA*

Insert the following new Clause—

“Provision of comprehensive careers guidance

( )     The Secretary of State shall publish a report on the provision of
comprehensive careers guidance which must include, but is not limited to,
assessments on—

(a)   the implementation and effectiveness of section 29 of the Education
Act 2011 (careers guidance in schools in England),

(b)   the extent to which the National Careers Service’s provision of
telephone and web-based support has been used by young people,

(c)   the feasibility and benefits of making the National Careers Service
helpline accessible via Skype,

(d)   the feasibility and benefits of extending to young people the
National Careers Service’s provision of face to face advice.”

Clause 78

LORD FLIGHT

36A

Page 56, line 22, at end insert—

“( )     This section and Schedule 3 do not apply to small companies as defined in
the Companies Act 2006.”

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

LORD PHILLIPS OF SUDBURY

LORD WATSON OF INVERGOWRIE

37A

Page 153, line 42, at end insert—

“(8A)    “Intermediaries” shall include individuals and any and all legal
entities in any and every jurisdiction through which significant
control is exercised over a company to which this Part applies.”

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

LORD FLIGHT

44A

Page 163, leave out line 1 and insert—

“(2)     If the request is declined, the person making the request may
apply to the court, with notice to the company, for an order
directing the company to comply with the request.”

44B

Page 163, line 3, leave out “not”

44C

Page 163, line 4, leave out “not”

44D

Page 163, line 6, leave out “company’s” and insert “applicant’s”

44E

Page 163, line 8, leave out from first “the” to “is” and insert “company even if the
company”

44F

Page 163, line 13, leave out “that the company is not” and insert “the company”

44G

Page 163, line 16, leave out “does not direct the company not” and insert “directs
the company”

44H

Page 163, line 19, at end insert—

“(6)     For the purposes of this Part, “proper purpose” means a purpose
reasonably required by—

(a)   a national security agency for safeguarding national
security or personal safety,

(b)   HM Revenue and Customs for the conduct of tax
investigations,

(c)   law enforcement authorities for criminal investigation.”

44J

Page 163, line 22, leave out “otherwise than in accordance with an order of” and
insert “where ordered by”

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

LORD FLIGHT

51A

Page 62, line 40, leave out “853I” and insert “853H”

51B

Page 66, line 43, leave out from beginning to end of line 11 on page 67

51C

Page 67, line 15, leave out “or 853I(2)”

51D

Page 67, line 22, leave out “853I” and insert “853H”

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”.”

LORD FLIGHT

54A

Page 68, line 19, leave out “853I” and insert “853H”

BARONESS NEVILLE-ROLFE

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”

After Clause 89

LORD HODGSON OF ASTLEY ABBOTTS

56A

Insert the following new Clause—

“Annual returns

(1)     This section applies where the company is a charitable company.

(2)     The Registrar must agree with the Charity Commission a common form of
annual return for both organisations.”

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.””

Schedule 9

BARONESS NEVILLE-ROLFE

61A

Page 235, line 32, leave out “has effect” and insert “is to be taken as made”

61B

Page 240, line 7, at end insert—

“( )     In paragraph 83(8)(d) omit “98,”.”

61C

Page 240, line 27, at end insert—

“( )     In paragraph 108(1) omit “, 50(1)(b)”.”

61D

Page 241, line 35, at end insert—

“15A          In section 92A(1) (members’ voluntary winding-up in England and
Wales: progress report to company) for “sections 96 and 102” substitute
“section 96”.

15B          In section 93(1) (members’ voluntary winding-up in Scotland: company
meeting at year’s end) for “sections 96 and 102” substitute “section 96”.”

61E

Page 242, line 19, at end insert—

“(4)     After subsection (4A) insert—

“(4B)    The company’s creditors may in accordance with the rules
nominate a person to be liquidator.

(4C)    The liquidator must in accordance with the rules seek such a
nomination from the company’s creditors.”

(5)     In subsection (8), for “this section” substitute “subsections (1) to (4A)”.”

61F

Page 242, line 20, leave out paragraph 18 and insert—

“18 (1)     For section 96 (conversion to creditors’ voluntary winding up)
substitute—

“96 Conversion to creditors’ voluntary winding up

(1)     The winding up becomes a creditors’ voluntary winding up as
from the day on which—

(a)   the company’s creditors under section 95 nominate a
person to be liquidator, or

(b)   the procedure by which the company’s creditors were to
have made such a nomination concludes without a
nomination having been made.

(2)     As from that day this Act has effect as if the directors’ declaration
under section 89 had not been made.

(3)     The liquidator in the creditors’ voluntary winding up is to be the
person nominated by the company’s creditors under section 95
or, where no person has been so nominated, the existing
liquidator.

(4)     In the case of the creditors nominating a person other than the
existing liquidator any director, member or creditor of the
company may, within 7 days after the date on which the
nomination was made by the creditors, apply to the court for an
order either—

(a)   directing that the existing liquidator is to be liquidator
instead of or jointly with the person nominated by the
creditors, or

(b)   appointing some other person to be liquidator instead of
the person nominated by the creditors.

(5)     The “existing liquidator” is the person who is liquidator
immediately before the winding up becomes a creditors’
voluntary winding up.”

(2)     In section 96 (as inserted by sub-paragraph (1)), after subsection (4)
insert—

“(4A)   The court shall grant an application under subsection (4) made
by the holder of a qualifying floating charge in respect of the
company’s property (within the meaning of paragraph 14 of
Schedule B1) unless the court thinks it right to refuse the
application because of the particular circumstances of the case.””

61G

Page 242, line 28, leave out from “for” to end of line 29 and insert ““98 and 99”
substitute “99 and 100”.”

61H

Page 243, line 1, leave out paragraph 22 and insert—

“22    For section 100(1) (appointment of liquidator) substitute—

“(1)     The company may nominate a person to be liquidator at the
company meeting at which the resolution for voluntary winding
up is passed.

(1A)    The company’s creditors may in accordance with the rules
nominate a person to be liquidator.

(1B)    The directors of the company must in accordance with the rules
seek such a nomination from the company’s creditors.””

61J

Page 244, line 35, leave out “Section 105” and insert “In section 105(4)”

61K

Page 244, line 36, leave out from “(Scotland))” to “for” in line 38

61L

Page 245, line 29, leave out “100(6)” and insert “100(1B)”

61M

Page 248, leave out line 8 and insert—

“(a)   the company’s creditors under section 100 nominate a
person to be liquidator, or

(b)   the procedure by which the company’s creditors were to
have made such a nomination concludes without a
nomination having been made.””

61N

Page 248, line 13, leave out “100(2)” and insert “100(1B)”

61P

Page 249, line 2, after “up” insert “where the liquidator has produced an account
of the winding up under section 94 (final account)”

61Q

Page 249, line 5, after “up” insert “where the liquidator has produced an account
of the winding up under section 106 (final account)”

61R

Page 252, line 4, at end insert—

“( )     In the entry for section 95(8), in column 2, for “s. 95” substitute “s. 95(1)
to (4A)”.”

61S

Page 252, line 8, leave out sub-paragraph (5)

61T

Page 252, line 42, leave out “387(2A)” and insert “387(2) and (2A)”

61U

Page 252, line 45, at end insert—

“(b)   for “99(3)(a)” substitute “99(3)”.”

61V

Page 257, line 2, at end insert—

“( )   for “replacing” substitute “removing”;”

61W

Page 257, line 7, leave out from beginning to end of line 10 and insert—

““(4A)    Where the bankrupt’s creditors decide to remove a trustee, they
may in accordance with the rules appoint another person as
trustee in his place.

(4B)    Where the decision to remove a trustee is made under subsection
(4), the decision does not take effect until the bankrupt’s creditors
appoint another person as trustee in his place.””

61X

Page 257, line 16, after third “the” insert “bankrupt’s”

61Y

Page 257, line 22, leave out from “subsection” to end of line 25 and insert “(3)(a)—

(a)   for the words from “case” to “died” substitute “following cases”;

(b)   after “hold office” insert “—”

61Z

Page 257, line 29, at end insert—

“(3A)    For subsection (3)(b) substitute—”

61AA

Page 258, line 5, leave out “qualifying” and insert “creditors’”

61AB

Page 258, line 7, leave out sub-paragraphs (2) and (3) and insert—

“(2)     For subsection (3) substitute—

“(3)     The official receiver may ask the bankrupt’s creditors to appoint
a person as trustee, and must do so if so requested by not less
than one tenth in value of the bankrupt’s creditors.

(3A)    If the official receiver makes such a request the bankrupt’s
creditors may in accordance with the rules appoint a person as
trustee.””

61AC

Page 258, line 15, leave out from “to” to end of line 16 and insert ““vacancy”
substitute “asked, and is not proposing to ask, the bankrupt’s creditors to appoint
a person as trustee”.”

61AD

Page 259, line 13, leave out “nominate a person to be” and insert “appoint a person
as”

Clause 136

BARONESS NEVILLE-ROLFE

61AE

Page 116, line 2, at end insert—

“(2)     In section 415A of the Insolvency Act 1986 (fees orders: general), after
subsection (1A) (inserted by section 17 of the Deregulation Act 2015)
insert—

“(1B)    In setting under subsection (1) the amount of a fee in connection
with maintenance of recognition, the matters to which the Secretary
of State may have regard include, in particular, the costs of the
Secretary of State in connection with any functions under sections
391D, 391E, 391J, 391K and 391N.””

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 149

BARONESS NEVILLE-ROLFE

68A

Page 139, line 5, leave out “The Treasury may by regulations” and insert
“Regulations may”

68B

Page 139, line 9, leave out “Treasury think” and insert “person making the
regulations thinks”

68C

Page 139, line 31, leave out subsection (6)

Clause 150

BARONESS NEVILLE-ROLFE

68D

Page 140, line 1, leave out from second “a” to “or” in line 2 and insert “prescribed
public sector authority”

68E

Page 140, line 3, leave out “public sector office so prescribed” and insert
“prescribed public sector office”

After Clause 150

BARONESS NEVILLE-ROLFE

68F

Insert the following new Clause—

“Power to make regulations to be exercisable by the Treasury or Scottish
Ministers

(1)     The power to make regulations under section 149(1) is exercisable—

(a)   by the Scottish Ministers in relation to payments made by a relevant
Scottish authority;

(b)   by the Treasury in relation to any other payments,

(but this subsection is subject to subsection (2)).

(2)     Where the relevant Scottish authority is the Scottish Administration the
power to make regulations under section 149(1) is exercisable by the
Treasury (instead of the Scottish Ministers) in relation to payments made
to—

(a)   the holders of offices in the Scottish Administration which are not
ministerial offices (read in accordance with section 126(8) of the
Scotland Act 1998), and

(b)   the members of the staff of the Scottish Administration (read in
accordance with section 126(7)(b) of that Act).

(3)     In this section “relevant Scottish authority” means an authority which
wholly or mainly exercises functions which would be within devolved
competence (within the meaning of section 54 of the Scotland Act 1998).

(4)     Regulations under section 149(1)—

(a)   if made by the Treasury, are subject to negative resolution
procedure;

(b)   if made by the Scottish Ministers, are subject to the negative
procedure.”

Clause 151

BARONESS NEVILLE-ROLFE

68G

Page 140, line 38, leave out “virtue of” and insert “regulations made by the
Treasury under”

68H

Page 140, line 38, at end insert—

“(1A)    The Scottish Ministers may waive the whole or any part of any repayment
required by regulations made by the Scottish Ministers under section 149(1).”

68J

Page 140, line 42, after “regulations” insert “made by the Treasury”

68K

Page 140, line 42, at end insert—

“( )   make provision for the power under subsection (1) to be exercisable
on behalf of the Secretary of State by a prescribed person,”

68L

Page 141, line 2, at end insert—

“( )     The exit payments regulations made by the Scottish Ministers may—

(a)   make provision for the power under subsection (1A) to be
exercisable on behalf of the Scottish Ministers by a prescribed
person,

(b)   make provision for a waiver to be given only—

(i)   with the consent of the Scottish Ministers, or

(ii)   following compliance with any directions given by the
Scottish Ministers,

(where provision is made by virtue of paragraph (a)), and

(c)   make provision as to the publication of information about any
waivers given.”

68M

Page 141, line 3, after “regulations” insert “made by the Treasury”

68N

Page 141, line 5, leave out paragraph (a)

Clause 41

LORD HODGSON OF ASTLEY ABBOTTS

LORD HOWARD OF RISING

69

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

Clause 42

LORD BERKELEY

69A*

Page 38, line 46, leave out “500” and insert “100”

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.”

After Clause 43

LORD BERKELEY

90A*

Insert the following new Clause—

“Definition of market rent

The market rent shall be determined on the basis of the likely turnover and
profit of the business of the pub, and shall not take into account any value
to the pub owner of a change of use of the pub.”

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 BERKELEY

91A*

Page 49, line 39, leave out “500” and insert “100”

91B*

Page 50, line 10, leave out “500” and insert “100”

91C*

Page 50, line 13, leave out “500” and insert “100”

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 68

LORD BERKELEY

 

Lord Berkeley gives notice of his intention to oppose the Question that Clause 68 stand part
of the Bill
.

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 154

BARONESS NEVILLE-ROLFE

101A

Page 142, line 29, after “1” insert “or 149(1)”

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 13th January 2015