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 15 to 39 Clause 109 Clauses 71 to 74 Schedule 8 Schedule 2 Clauses 110 to 123 Clauses 75 to 78 Schedule 9 Schedule 3 Clauses 124 to 130 Clauses 79 to 81 Schedule 10 Schedule 4 | Clauses 131 to 141 Clauses 82 to 91 Schedule 11 Schedule 5 Clauses 142 to 151 Clauses 92 to 94 Clause 40 Schedule 6 Schedule 1 Clauses 95 to 108 Clauses 41 to 70 Schedule 7 Clauses 152 to 158 |
[Amendments marked * are new or have been altered]
Clause 15
[Withdrawn]
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 17, line 18, at end insert—
“( ) For the purposes of this section and section 16, a system for streamlined
company registration is a system which ensures that company
incorporation and tax registration is approved on the same occasion.”
Clause 17
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 18, line 13, at end insert—
“( ) A person cannot be appointed by a Minister of the Crown under subsection
(1) if the person is a current or immediately past board member of the
regulator.”
Page 18, line 20, leave out “and”
Page 18, line 20, at end insert—
“( ) have due regard to the effectiveness of those procedures in
protecting individuals from unfair treatment and promoting a fair
and more equal society, and”
Page 18, line 32, at end insert—
“(d) an assessment of whether and, if necessary, the extent to which, any
business, having challenged a regulator, has been discriminated
against thereafter as a consequence;
(e) recommendations for mitigating steps to be taken if an assessment
mentioned in paragraph (d) concludes that discrimination has
taken place.”
Page 18, line 32, at end insert—
“( ) An assessment under subsection (4)(a) need only consider small businesses
as defined in section 33(2) and micro businesses as defined in subsection (3)
of that section.”
Page 19, line 14, at end insert—
“( ) The following regulators are excluded from the provisions outlined in this
section—
(a) the Equality and Human Rights Commission;
(b) relevant regulators in—
(i) the Department of Health;
(ii) the Department for Transport;
(iii) the Department for Work and Pensions;
(iv) the Department for Business, Innovation and Skills;
(v) the Department for Culture, Media and Sport;
(vi) the Department for Communities and Local Government.”
Clause 18
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 19, line 17, at end insert—
“( ) Subsection (1) is limited to regulators which the Deregulation Act 2015
requires to have regard to growth.”
Clause 19
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 20, line 2, at end insert “and lay it before both Houses of Parliament”
Clause 20
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 20, line 16, at end insert—
“( ) The annual report should have regard to unfair and discriminatory
practices emerging from investigations under the scheme.”
Clause 21
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 21, line 7, at end insert—
“( ) a list of regulatory bodies which the Deregulation Act 2015 requires
to have regard to growth.”
Page 21, line 17, leave out “smaller scale businesses” and insert “small businesses
as defined in section 33(2) and micro businesses as defined in subsection (3) of that
section”
Clause 22
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 21, line 42, leave out subsection (2)
Clause 23
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 23, line 30, leave out from “businesses” to “which”, in line 31
Page 23, line 32, at end insert—
“( ) The report must describe the actions taken by government departments to
mitigate any disproportionate economic impact on activities carried on by
voluntary or community bodies of regulatory provisions (as defined in
section 22(3)) which have come into force during the reporting period.”
Clause 25
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 25, line 21, after “on” insert “small and medium sized”
Page 25, line 22, leave out “smaller scale businesses” and insert “small businesses
as defined in section 33(2) and micro businesses as defined in subsection (3) of that
section”
Page 25, line 22, leave out from “businesses” to end
Page 25, line 22, at end insert—
“( ) The body appointed under this section must have expertise in assessing the
likely economic impact of regulation on business activities (including
activities carried on by voluntary or community bodies).”
Clause 26
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 25, line 36, at end insert—
“( ) lay a statement about each amended thing before each House of
Parliament to be approved by affirmative resolution procedure
before the amendment is implemented,”
Clause 27
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 26, line 6, leave out subsection (3)
Clause 28
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 27, line 9, at end insert—
“( ) publish a statement that it is appropriate in the circumstances to
make provision for review in that legislation (see section 31)”
Clause 30
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 28, line 2, at end insert “and the evidence submitted by all parties consulted”
Clause 32
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 28, line 30, at end insert—
“(1A) Prior to secondary legislation making or amending the regulatory
provision coming into force, the review set out in sections 28 to 31 and this
section shall be subject to public consultation with specific reference to the
views of businesses, business organisations, civic organisations and trades
unions, and any other such organisation which the Secretary of State
considers to be appropriate.”
Clause 33
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 29, line 12, after the second “business””, insert ““medium-sized business”,
“large business” or “super corporate””
Page 29, line 14, leave out subsections (2) and (3) and insert—
“(2) “Micro business means a business with 1 to 9 employees; “Small business”
means a business with 10 to 49 employees; “Medium-sized business”
means a business with 50 to 249 employees; “Large business” means a
business with 250 to 1,000 employees; “Super corporate” means a business
with over 1,000 employees.”
Page 29, line 28, at end insert—
“( ) Those who represent businesses with 10 to 49 employees and are
purchasing goods or services for use within their commercial activities will
be considered consumers with all the rights acquired by the Consumer
Rights Act 2015”
Page 29, line 28, at end insert—
“( ) Those who represent businesses with fewer than ten employees and are
purchasing goods or services for use within their commercial activities will
be considered consumers with all the rights acquired by the Consumer
Rights Act 2015”
Page 30, line 7, leave out “negative” and insert “affirmative”
Clause 35
BARONESS HAYTER OF KENTISH TOWN
LORD STEVENSON OF BALMACARA
Page 32, line 27, at end insert—
“( ) In considering what is reasonable for the purposes of subsection (4),
the court shall have regard to all relevant factors including but not
limited to the following—
(a) the nature and location of the premises;
(b) the nature of the business and the extent to which the
activities of the business are comparable to activities carried
on at home which are not business activities;
(c) whether the business requires any structural change to the
premises comprised in the tenancy;
(d) the number and frequency of visitors likely to come to the
premises in connection with the business;
(e) the number and frequency of deliveries and collections of
goods likely to occur at the premises in connection with the
business;
(f) the amount of any noise or other environmental impact
likely to arise from the business;
(g) the likely effect of the business on the parking of vehicles in
the vicinity of the premises; and
(h) the proportion of the property used for the business.
( ) Where a dwelling-house is let under a tenancy to which subsection
(2) applies the landlord and tenant may agree in writing under the
terms of the tenancy or in any other document signed by them—
(a) that a particular business, or
(b) that a particular description of business, if carried on in the
premises, shall be a home business for the purposes of this
Part of this Act.
( ) Any such agreement shall be binding upon the parties.”
BARONESS NEVILLE-ROLFE
Page 32, line 36, leave out from “instrument” to end of line 42 and insert “,
(d) may not be made unless—
(i) in the case of regulations made by the Secretary of
State, a draft of the statutory instrument containing
the regulations has been laid before Parliament and
approved by a resolution of each House of
Parliament,
(ii) in the case of regulations made by the Welsh
Ministers, a draft of the statutory instrument
containing the regulations has been laid before, and
approved by a resolution of, the National Assembly
for Wales.”
BARONESS HAYTER OF KENTISH TOWN
LORD STEVENSON OF BALMACARA
Page 32, line 36, after “which” insert “is to be laid before both Houses of
Parliament”
Page 32, leave out lines 37 to 42
After Clause 35
BARONESS NEVILLE-ROLFE
Insert the following new Clause—
(1) In section 41 of the Landlord and Tenant Act 1954 (trusts), after subsection
(2) insert—
“(3) Where a tenancy is held on trust, section 43ZA(2) has effect as if—
(a) paragraph (b) were omitted, and
(b) the condition in paragraph (c)(i) were a condition that the
terms of the tenancy require at least one individual who is a
trustee or a beneficiary under the trust to occupy the
dwelling-house as a home (whether or not as that
individual’s only or principal home).”
(2) A dwelling-house which is let under a home business tenancy is to be
regarded as being “let as a separate dwelling” for the purposes of—
(a) section 1 of the Rent Act 1977 (protected tenancies),
(b) section 79 of the Housing Act 1985 (secure tenancies),
(c) section 1 of the Housing Act 1988 (assured tenancies), and
(d) any other England and Wales enactment relating to protected,
secure or assured tenancies.
(3) Subsections (1) and (2) do not apply to the tenancies mentioned in section
35(5).
(4) Subsections (2) and (3) do not limit the circumstances in which a dwelling-
house which is let under a home business tenancy is to be regarded as “let
as a separate dwellling”.
(5) In this section—
“enactment” includes provision made—
(a) under an Act, or
(b) by or under a Measure or Act of the National Assembly for
Wales,
“England and Wales enactment” means any enactment so far as it
forms part of the law of England and Wales,
“home business tenancy” has the same meaning as in section 43ZA of
the Landlord and Tenant Act 1954.”
LORD CROMWELL
Insert the following new Clause—
Where a residential property is used for one or more home businesses by
the owner or by a tenant, that property shall not be or become subject to a
non-domestic rate.”
Clause 36
BARONESS HAYTER OF KENTISH TOWN
LORD STEVENSON OF BALMACARA
Page 33, line 31, leave out “in particular” and insert “in consultation with consumer
advocacy groups”
Page 33, line 38, at end insert—
“(1C) The CMA shall undertake an Annual Competition Healthcheck, in
collaboration with relevant consumer advocacy groups and the
representatives of small businesses, to ascertain areas where
markets do not work in the public interest, having due regard to the
CMA’s prime duty of promoting competition for the benefit of
consumers.”
Schedule 2
BARONESS NEVILLE-ROLFE
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”.”
Clause 78
LORD FLIGHT
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
Insert the following new Clause—
(1) The Secretary of State may by regulations make provision prescribing the
steps to be taken by the registrar of companies to ensure that the
information on PSC registers or as the case may be the central register is as
accurate, reliable and up to date as possible.
(2) Regulations under this section are subject to the affirmative resolution
procedure.”
Schedule 3
BARONESS NEVILLE-ROLFE
Page 159, line 29, leave out “the specified conditions in”
LORD WATSON OF INVERGOWRIE
LORD PHILLIPS OF SUDBURY
Page 159, line 30, at end insert—
“(i) details of any and all intermediaries used by the PSC to
exercise control”
BARONESS NEVILLE-ROLFE
Page 159, line 40, leave out “the specified conditions in”
LORD WATSON OF INVERGOWRIE
LORD PHILLIPS OF SUDBURY
Page 159, line 41, at end insert—
“(f) details of any and all intermediaries used by the PSC to
exercise control”
BARONESS NEVILLE-ROLFE
Page 160, line 6, leave out “the specified conditions in”
LORD WATSON OF INVERGOWRIE
LORD PHILLIPS OF SUDBURY
Page 160, line 7, at end insert—
“(g) details of any and all intermediaries used by the PSC to
exercise control”
Page 162, leave out lines 32 to 40
LORD FLIGHT
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.”
Page 163, line 3, leave out “not”
Page 163, line 4, leave out “not”
Page 163, line 6, leave out “company’s” and insert “applicant’s”
Page 163, line 8, leave out from first “the” to “is” and insert “company even if the
company”
Page 163, line 13, leave out “that the company is not” and insert “the company”
Page 163, line 16, leave out “does not direct the company not” and insert “directs
the company”
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.”
Page 163, line 22, leave out “otherwise than in accordance with an order of” and
insert “where ordered by”
BARONESS NEVILLE-ROLFE
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.”
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
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
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”
Page 177, line 21, leave out “one” and insert “a limited partner”
BARONESS NEVILLE-ROLFE
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
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
Page 62, line 40, leave out “853I” and insert “853H”
Page 66, line 43, leave out from beginning to end of line 11 on page 67
Page 67, line 15, leave out “or 853I(2)”
Page 67, line 22, leave out “853I” and insert “853H”
BARONESS NEVILLE-ROLFE
Page 67, line 34, after “exceeding” insert “the greater of £500 and”
Page 68, line 1, after “exceeding” insert “the greater of £500 and”
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
Page 68, line 19, leave out “853I” and insert “853H”
BARONESS NEVILLE-ROLFE
Page 68, line 41, after “exceeding” insert “the greater of £500 and”
Page 69, line 14, after “exceeding” insert “the greater of £500 and”
After Clause 89
LORD HODGSON OF ASTLEY ABBOTTS
Insert the following new Clause—
(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
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.”
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.”
Page 205, line 42, after “exceeding” insert “the greater of £500 and”
Page 208, line 8, after “exceeding” insert “the greater of £500 and”
Clause 110
BARONESS NEVILLE-ROLFE
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
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 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.””
Clause 144
LORD WILLS
LORD LOW OF DALSTON
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 sections 25(1) or 25(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.””
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
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 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.”
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 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 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”