Session 2014-15
Other Public Bills before Parliament
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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 114 to 123 Clauses 142 to 151 Schedule 9 Clause 40 Clauses 124 to 130 Schedule 1 | Schedule 10 Clauses 41 to 70 Clauses 131 to 141 Clauses 152 to 158 Schedule 11 |
[Amendments marked * are new or have been altered]
Clause 114
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 94, line 10, at end insert—
“( ) This section shall not come into force until the Secretary of State has carried
out a full review of the impacts of abolishing the time limits for
administration and the effect of such a change on this section.”
Clause 116
LORD FLIGHT
Lord Flight gives notice of his intention to oppose the Question that Clause 116 stand part
of the Bill.
Clause 118
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 96, line 7, leave out “the creditors’ committee or”
Clause 119
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 96, line 27, at end insert—
“( ) In paragraph 52 of Schedule B1 (administration), after sub-
paragraph (2)(a) insert—
“( ) by 10% of the number of creditors who have debts with
the company,””
Clause 120
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 99, line 45, at end insert—
“(4A) The deemed consent procedure may not be used where the
insolvency practitioner judges that a face-to-face meeting would
incur no additional cost saving to creditors.”
Schedule 9
BARONESS NEVILLE-ROLFE
Page 235, line 32, leave out “has effect” and insert “is to be taken as made”
Page 240, line 7, at end insert—
“( ) In paragraph 83(8)(d) omit “98,”.”
Page 240, line 27, at end insert—
“( ) In paragraph 108(1) omit “, 50(1)(b)”.”
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”.”
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)”.”
Page 242, line 20, leave out paragraph 18 and insert—
“18
(1) For section 96 (conversion to creditors’ voluntary winding up)
substitute—
(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.””
Page 242, line 28, leave out from “for” to end of line 29 and insert ““98 and 99”
substitute “99 and 100”.”
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.””
Page 244, line 35, leave out “Section 105” and insert “In section 105(4)”
Page 244, line 36, leave out from “(Scotland))” to “for” in line 38
Page 245, line 29, leave out “100(6)” and insert “100(1B)”
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.””
Page 248, line 13, leave out “100(2)” and insert “100(1B)”
Page 249, line 2, after “up” insert “where the liquidator has produced an account
of the winding up under section 94 (final account)”
Page 249, line 5, after “up” insert “where the liquidator has produced an account
of the winding up under section 106 (final account)”
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)”.”
Page 252, line 8, leave out sub-paragraph (5)
Page 252, line 42, leave out “387(2A)” and insert “387(2) and (2A)”
Page 252, line 45, at end insert—
“(b) for “99(3)(a)” substitute “99(3)”.”
Page 257, line 2, at end insert—
“( ) for “replacing” substitute “removing”;”
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.””
Page 257, line 16, after third “the” insert “bankrupt’s”
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 “—”
Page 257, line 29, at end insert—
“(3A) For subsection (3)(b) substitute—”
Page 258, line 5, leave out “qualifying” and insert “creditors’”
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.””
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”.”
Page 259, line 13, leave out “nominate a person to be” and insert “appoint a person
as”
Clause 124
LORD FLIGHT
Lord Flight gives notice of his intention to oppose the Question that Clause 124 stand part
of the Bill.
Clause 125
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 103, line 40, after “(administration)” insert “, which relates to pre-pack
administrations,”
Clause 126
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 104, leave out line 16
Page 105, line 3, at end insert—
“(6A) Regulations under this paragraph may only be made in relation to
pre-packaged sales by administrators.
(6B) For the purposes of this paragraph, a pre-packaged sale is an
arrangement under which the sale of all or part of a company’s
business or assets is negotiated with a purchaser prior to the
arrangement of the administrator and the administrator effects the
sale immediately on, or shortly after, his appointment.”
LORD FLIGHT
Lord Flight gives notice of his intention to oppose the Question that Clause 126 stand part
of the Bill.
After Clause 126
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Insert the following new Clause—
The Secretary of State shall introduce statutory provisions no later than one
year after the passing of this Act with the aim of improving the efficient
working of all insolvency procedures.”
Clause 128
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 105, line 40, leave out “an amount prescribed by the rules” and insert “£100”
Clause 129
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 106, line 8, leave out “an amount prescribed by the rules” and insert “£100”
Schedule 10
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 260, line 14, leave out sub-paragraph (6)
Clause 136
BARONESS NEVILLE-ROLFE
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.””
After Clause 141
BARONESS HAYTER OF KENTISH TOWN
LORD STEVENSON OF BALMACARA
Insert the following new Clause—
(1) The Secretary of State must make provision requiring all regulated persons
to be members of an approved redress scheme for dealing with complaints
from debtors received in connection with insolvency practitioners.
(2) The Secretary of State may approve a redress scheme to adjudicate on
complaints from debtors about insolvency practitioners.
(3) The Secretary of State may by regulation require all insolvency
practitioners to be members of such a scheme.
(4) The regulations may require insolvency practitioners to adopt their own
complaint handling procedures, with debtor complainants only able to
refer their complaint to the redress scheme once the usual procedures are
exhausted.
(5) A “redress scheme” is a scheme which provides for complaints against
members of the scheme to be investigated and determined by an
independent person.”
After Clause 143
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Insert the following new Clause—
The Secretary of State shall conduct a special review assessing the needs of
high technology small businesses (as defined in section 33(2)) and micro
businesses (as defined in section 33(3)) facing challenging trading
conditions.”
Insert the following new Clause—
Within three years of the passing of this Act, the Government must conduct
a review into the process of applying for debt relief orders and consequent
application to the Insolvency Service which must include, but is not limited
to, an assessment of the impact on charities and non-profit organisations.”
Clause 144
LORD WILLS
LORD LOW OF DALSTON
THE EARL OF LYTTON
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.””
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.””
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.””
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 and where the employer knew
or could be reasonably expected to know that the job
applicant had made a protected disclosure.””
Page 124, line 28, at end insert—
“( ) In section 43L (other interpretative provisions), at end insert—
“(4) A disclosure of information shall include allegations.””
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
Insert the following new Clause—
(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
Page 139, line 5, leave out “The Treasury may by regulations” and insert
“Regulations may”
Page 139, line 9, leave out “Treasury think” and insert “person making the
regulations thinks”
Page 139, line 31, leave out subsection (6)
Clause 150
BARONESS NEVILLE-ROLFE
Page 140, line 1, leave out from second “a” to “or” in line 2 and insert “prescribed
public sector authority”
Page 140, line 3, leave out “public sector office so prescribed” and insert
“prescribed public sector office”
After Clause 150
BARONESS NEVILLE-ROLFE
Insert the following new Clause—
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
Page 140, line 38, leave out “virtue of” and insert “regulations made by the
Treasury under”
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).”
Page 140, line 42, after “regulations” insert “made by the Treasury”
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,”
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.”
Page 141, line 3, after “regulations” insert “made by the Treasury”
Page 141, line 5, leave out paragraph (a)
Clause 41
LORD HODGSON OF ASTLEY ABBOTTS
LORD HOWARD OF RISING
Page 38, line 20, leave out subsection (6)
Clause 42
LORD BERKELEY
Page 38, line 46, leave out “500” and insert “100”
LORD HODGSON OF ASTLEY ABBOTTS
LORD HOWARD OF RISING
Page 38, line 46, leave out “or more” and insert “tied”
Page 38, line 46, leave out from “description);” to end of line 47
Page 39, line 1, leave out “may” and insert “shall”
Page 39, line 2, after “that” insert “only”
Page 39, line 3, leave out “are” and insert “can be”
Page 39, line 6, after “a” insert “new lease or tenancy with a”
Page 39, line 7, after “tenant” insert “only”
Page 39, line 8, after “of” insert “renewal of a”
Page 39, line 8, leave out “renewal”
Page 39, line 11, leave out “a significant” and insert “an unfair”
Page 39, line 14, leave out paragraphs (c) and (d)
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)”
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.”
Page 39, line 23, after “agreeable” insert “new tenancy or lease with a”
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,”
Page 39, line 40, leave out “time” and insert “end”
Page 39, line 42, after “business” insert “under the new lease or tenancy”
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”
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”
Page 40, line 3, leave out “a significant” and insert “an unfair”
Clause 43
LORD HODGSON OF ASTLEY ABBOTTS
LORD HOWARD OF RISING
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
Insert the following new Clause—
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
Page 49, line 34, at end insert—
“and part of this agreement contains special commercial and financial advantages.”
Clause 66
LORD BERKELEY
Page 49, line 39, leave out “500” and insert “100”
Page 50, line 10, leave out “500” and insert “100”
Page 50, line 13, leave out “500” and insert “100”
LORD HODGSON OF ASTLEY ABBOTTS
LORD HOWARD OF RISING
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
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.”
Page 50, leave out line 43
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.”
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
Page 52, line 12, leave out “negative” and insert “affirmative”
Clause 152
BARONESS NEVILLE-ROLFE
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”
Page 141, line 40, after “35” insert “or (Section 35: supplementary and consequential
provision)”
After Clause 152
BARONESS NEVILLE-ROLFE
Insert the following new Clause—
(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
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”
Page 142, line 26, after “35” insert “or (Section 35: supplementary and consequential
provision)”
Clause 154
BARONESS NEVILLE-ROLFE
Page 142, line 29, after “1” insert “or 149(1)”
Clause 156
BARONESS NEVILLE-ROLFE
Page 143, line 18, leave out “section” and insert “sections 110 and”
Clause 157
BARONESS NEVILLE-ROLFE
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.”
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”