Small Business, Enterprise and Employment Bill

Amendments
to be moved
in grand committee

[Supplementary to the Marshalled List]

After Clause 35

LORD CROMWELL

 

Insert the following new Clause—

“Exclusion of home businesses from non-domestic rate liability

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.”

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—

“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.””

 

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 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—

“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

 

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 154

BARONESS NEVILLE-ROLFE

 

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

Prepared 8th January 2015