Small Business, Enterprise and Employment Bill

fourth
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—

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

[Amendments marked * are new or have been altered]

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

LORD MITCHELL

LORD STEVENSON OF BALMACARA

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 MITCHELL

LORD STEVENSON OF BALMACARA

37ZA

Page 152, line 35, at end insert “and the Secretary of State shall only specify
descriptions of companies which he considers are already subject to disclosure and
transparency requirements which would otherwise meet the objectives of this
Part”

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.”

LORD MITCHELL

LORD STEVENSON OF BALMACARA

37B

Page 154, line 14, at end insert “which would otherwise meet the objectives of this
Part”

37C

Page 158, line 40, at end insert—

“(1A)    The Secretary of State must not grant such an exemption to a
legal entity except in exceptional circumstances.”

37D

Page 159, line 15, at end insert—

“(4)     For the purposes of subsection (3) “special reasons” includes
reasons related to the national security of the United Kingdom or
reasons to the personal safety of an individual.

(5)     Where the Secretary of State grants an exemption under this
section the fact of the exemption must be included in the
information contained in the PSC register of the relevant
company or the central register.

(6)     The decision of the Secretary of State to grant an exemption is
subject to judicial review.”

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”

LORD WATSON OF INVERGOWRIE

LORD PHILLIPS OF SUDBURY

LORD MITCHELL

LORD STEVENSON OF BALMACARA

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.”

LORD MITCHELL

LORD STEVENSON OF BALMACARA

44HA

Page 163, line 19, at end insert—

“(6)     A direction given by the court under subsection (4) shall be
reviewed by the court on an annual basis.”

LORD FLIGHT

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 MITCHELL

LORD STEVENSON OF BALMACARA

47A

Page 171, line 20, at end insert—

“(c)   provide for the application to be determined by the court;

(d)   provide for the register to show that, pursuant to an
application under this section, restrictions on use and
disclosure of information 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”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

54B

Page 68, leave out lines 38 to 46 and insert—

“(2)     A person guilty of an offence under subsection (1) is liable—

(a)   on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine (or both); and

(b)   on summary conviction—

(i)   in England and Wales, to imprisonment for a term
not exceeding 12 months or a fine (or both);

(ii)   in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the
statutory maximum (or both);

(iii)   in Northern Ireland, to imprisonment for a term not
exceeding six months or to a fine not exceeding the
statutory maximum (or both).”

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”

After Clause 100

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

60A

Insert the following new Clause—

“Director’s duties: factors to be considered in takeovers and mergers

In applying the City Code on Takeovers and Mergers, the offeree board
circular must set out the opinion of the board on the offer (including any
alternative offers) and the board’s reasons for forming its opinion which
must include its views on—

(a)   the likely consequences of any decision in the long term,

(b)   the interests of the company’s employees,

(c)   the need to foster the company’s business relationships with
suppliers, customers and others,

(d)   the impact of the company’s operations on the community and the
environment,

(e)   the desirability of the company maintaining a reputation for high
standards of business conduct, and

(f)   the need to act fairly as between members of the company.”

60B*

Insert the following new Clause—

“Requirement for disclosure of success fees in takeovers and mergers

(1)     This section applies to companies engaging in—

(a)   takeover bids,

(b)   merger transactions, and

(c)   transactions (not falling within paragraphs (a) or (b) that have or
may have, directly or indirectly, an effect on the ownership or
control of companies.

(2)     Where a company is engaging in activities specified in subsection (1), in
applying the City Code on Takeovers and Mergers, in addition to the
requirements of Rule 24.16 (Fees and Expenses) of that Code, the offer
document must separately identify—

(a)   all situations where the payment of such fees would be contingent
on the outcome of the offer,

(b)   the conditions under which they are payable, and

(c)   the estimated value or range of those payments.”

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

THE EARL OF LYTTON

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 section 25(1) or (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

THE EARL OF LYTTON

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 70

LORD HODGSON OF ASTLEY ABBOTTS

96A*

Page 52, line 12, leave out “negative” and insert “affirmative”

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 16th January 2015