(a) an employee or a contractor of a public sector authority prescribed by
virtue of section 149(3), or

(b) a holder of a public sector office so prescribed.

(2) Subsection (3) applies if the exit payments regulations make provision as
5mentioned in subsection (1).

(3) The exit payment regulations may, in particular, make provision—

(a) exempting an exit payee from the requirement to repay in the
prescribed circumstances;

(b) exempting some or all of a qualifying exit payment from that
10requirement in the prescribed circumstances;

(c) for the amount required to be repaid to be tapered according to the time
which has elapsed between an exit payee leaving employment or office
and the event mentioned in subsection (1);

(d) imposing duties, in connection with a qualifying exit payment, on—

(i) 15an exit payee,

(ii) a responsible authority, and

(iii)
a subsequent authority;

(e) as to the arrangements required to be made by an exit payee to repay to
a responsible authority the amount of a qualifying exit payment
20required to be repaid;

(f) for preventing an exit payee from becoming an employee or a
contractor, or a holder of a public sector office, as mentioned in
subsection (1) until the arrangements required by virtue of paragraph
(e) have been made;

(g) 25as to the consequences of an exit payee failing to repay the amount
required to be repaid (including the dismissal of the exit payee).

(4) In subsection (3)(d)(iii) a “subsequent authority” means—

(a) in relation to an exit payee who becomes an employee or a contractor,
a public sector authority of which the exit payee becomes an employee
30or a contractor, or

(b) in relation to an exit payee who becomes a holder of a public sector
office, an authority which is responsible for the appointment.

(5) For the purposes of this section an exit payee becomes a contractor of a public
sector authority if the exit payee provides services to the authority under a
35contract for services.

151 Power of Secretary of State to waive repayment requirement

(1) The Secretary of State may waive the whole or any part of any repayment
required by virtue of section 149(1).

(2) A waiver may be given in respect of—

(a) 40a particular exit payee, or

(b) a description of exit payees.

(3) The exit payments regulations may—

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

(i) with the consent of the Treasury, or

(ii) 45following compliance with any directions given by the
Treasury, and

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

(4) The exit payments regulations may make provision for the power conferred on
the Secretary of State by subsection (1) to be exercised instead—

(a) 5by the Scottish Ministers, in relation to qualifying exit payments made
by responsible authorities who wholly or mainly exercise functions
which would be within devolved competence (within the meaning of
section 54 of the Scotland Act 1998);

(b) by the Department of Finance and Personnel in Northern Ireland, in
10relation to qualifying exit payments made by responsible authorities
who wholly or mainly exercise functions which could be conferred by
provision included in an Act of the Northern Ireland Assembly made
without the consent of the Secretary of State (see sections 6 to 8 of the
Northern Ireland Act 1998);

(c) 15by the Welsh Ministers, in relation to qualifying exit payments made by
responsible authorities who wholly or mainly exercise functions which
could be conferred by provision falling within the legislative
competence of the National Assembly for Wales (as defined in section
108 of the Government of Wales Act 2006).

20Part 12 General

152 Consequential amendments, repeals and revocations

(1) A Minister of the Crown may by regulations make such provision as the
Minister considers appropriate in consequence of this Act (other than section
2535 as it applies in Wales).

(2) The power conferred by subsection (1) includes power—

(a) to make transitional, transitory or saving provision;

(b) to amend, repeal, revoke or otherwise modify any provision made by
or under an enactment (including an enactment contained in this Act
30and any enactment passed or made in the same Session as this Act).

(3) Subject to subsection (4)(b), regulations under subsection (1) which amend,
repeal or revoke any provision of primary legislation are subject to affirmative
resolution procedure.

(4) Regulations under subsection (1) which—

(a) 35do not amend, repeal or revoke any provision of primary legislation, or

(b) amend, repeal or revoke any provision of primary legislation only in
connection with there ceasing to be any share warrants (see section 81),

are subject to negative resolution procedure.

(5) The Welsh Ministers may by regulations make such provision as they consider
40appropriate in consequence of section 35 as it applies in Wales.

(6) The power conferred by subsection (5) includes power—

(a) to make transitional, transitory or saving provision;

(b) to amend, repeal, revoke or otherwise modify any provision made by
or under any Act (including this Act and any Act passed in the same

Session as this Act) or any Measure or Act of the National Assembly for
Wales.

(7) A statutory instrument containing regulations under subsection (5) which
amend or repeal an Act or a Measure or Act of the National Assembly for
5Wales may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, the National Assembly for Wales.

(8) A statutory instrument containing regulations under subsection (5), other than
a statutory instrument within subsection (7), is subject to annulment in
pursuance of a resolution of the National Assembly for Wales.

(9) 10In this Part—

• “enactment” includes an Act of the Scottish Parliament, a Measure or Act
  of the National Assembly for Wales and Northern Ireland legislation;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  Crown Act 1975;

• 15“primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  Northern Ireland legislation.

153 20Transitional, transitory or saving provision

(1) A Minister of the Crown may by regulations make such transitional, transitory
or saving provision as the Minister considers appropriate in connection with
the coming into force of this Act (other than section 35 as it applies in Wales).

(2) The Welsh Ministers may by regulations make such transitional, transitory or
25saving provision as they consider appropriate in connection with the coming
into force of section 35 as it applies in Wales.

154 Supplementary provision about regulations

(1) Regulations under this Act, other than regulations made by the Scottish
Ministers under section 1, are to be made by statutory instrument.

(2) 30Regulations under this Act may—

(a) make different provision for different purposes or cases;

(b) make different provision for different areas;

(c) make provision generally or for specific cases;

(d) make provision subject to exceptions;

(e) 35make incidental, supplementary, consequential, transitional or
transitory provision or savings.

(3) Where regulations under this Act are subject to “negative resolution
procedure” the statutory instrument containing the regulations is subject to
annulment in pursuance of a resolution of either House of Parliament.

(4) 40Where regulations under this Act are subject to “affirmative resolution
procedure” the regulations may not be made unless a draft of the statutory
instrument containing them has been laid before Parliament and approved by
a resolution of each House of Parliament.

(5) Any provision that may be made by regulations under this Act for which no
Parliamentary procedure is prescribed may be made by regulations subject to
negative or affirmative resolution procedure.

(6) Any provision that may be made by regulations under this Act subject to
5negative resolution procedure may be made by regulations subject to
affirmative resolution procedure.

155 Financial provisions

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister
10of the Crown, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

156 Extent

(1) Subject to subsections (2) to (4), this Act extends to England and Wales,
15Scotland and Northern Ireland.

(2) Any amendment, repeal or revocation made by this Act has the same extent as
the enactment amended, repealed or revoked, except the amendments made
by section 111, which extend as mentioned in subsection (1).

(3) Part

204

extends to England and Wales only.

(4) In Part

10

, sections 141 to 143 and Schedule 11 extend to England and Wales
25and Scotland only.

157 Commencement

(1) The provisions of this Act come into force on such day as a Minister of the
Crown may by regulations appoint, subject to subsections (2) to (4).

(2) The following provisions of this Act come into force on the day this Act is
30passed—

(a) in Part

1

, sections 4 to 7 (regulations about financial information on
small and medium sized businesses);

(b) 35in Part

3

, section 38 (regulations about procurement);

(c) in Part 5, section 71 (funding for free of charge early years provision);

(d) in Part

4011

, section 146 (employment tribunal procedure regulations:
postponements);

(e) this Part.

(3) The following provisions of this Act come into force at the end of the period of
45two months beginning with the day on which this Act is passed—

(a) in Part

1

—

(i) sections 1 and 2 (power to invalidate certain restrictive terms of
50business contracts),

(ii) section 3 (companies: duty to publish report on payment
practices),

(iii) sections 8 and 9 (VAT registration information),

(iv) sections 10 to 12 (exports), and

(v) section 14 (powers of the Payment Systems Regulator);

(b) in Part

2

—

(i) 5sections 15 and 16 (streamlined company registration),

(ii) sections 21 to 27 (business impact target), and

(iii) section 36 (CMA to publish recommendations on proposals for
Westminster legislation);

(c) in Part

103

, section 39 (investigation of procurement functions);

(d) in Part

4

—

(i) 15section 41 (the Pubs Code),

(ii) sections 65 to 69 (Part 4: supplementary), and

(iii) section 70 (regulations under Part 4);

(e) in Part

5

20, section 72 (exemption from requirement to register as early
years provider);

(f) Part

6

;

(g) 25in Part

7

—

(i) section 80 (amendment of section 813 of the Companies Act
2006),

(ii) 30sections 81 to 83 and Schedule 4 (abolition of share warrants to
bearer), and

(iii) sections 86 to 88 (shadow directors);

(h) in Part

8

35—

(i) section 92 (recording of optional information on register),

(ii) section 96 (address of company registered office);

(i) in Part

10

40—

(i) sections 117 and 118 (removing requirements to seek sanction),

(ii) sections 124 to 127 (administration),

(iii) sections 128 and 129 (small debts),

(iv) sections 131 and 132 (voluntary arrangements), and

(v) 45section 133 (voluntary winding-up: progress reports).

(4) Section 35 as it applies in Wales comes into force on such day as the Welsh
Ministers may by regulations appoint.

(5) Before making regulations under subsection (1) in relation to section 109 and
Schedule 8, the Secretary of State must consult the Department of Enterprise,
50Trade and Investment in Northern Ireland.

158 Short title

This Act may be cited as the Small Business, Enterprise and Employment Act
2015.

SCHEDULES

Section 40

SCHEDULE 1 The Pubs Code Adjudicator

Part 1 5The Pubs Code Adjudicator

Status

1 The Adjudicator is a corporation sole.

2 The Adjudicator carries out functions on behalf of the Crown.

Appointment

3 10The Adjudicator is to be appointed by the Secretary of State.

Deputy Adjudicator

4 The Secretary of State may appoint a Deputy Adjudicator.

5 The Deputy Adjudicator may carry out any of the Adjudicator’s functions.

Term of office etc

6 15A person holds and vacates office as the Adjudicator or Deputy Adjudicator
in accordance with the terms of the appointment, but—

(a) the initial term of office may not be more than 4 years,

(b) a person may be appointed for no more than 2 further terms of office,

(c) a further term may not be more than 3 years,

(d) 20the person may resign by giving written notice to the Secretary of
State, and

(e) the Secretary of State may dismiss the person if satisfied that the
person is unable, unwilling or unfit to perform the person’s
functions.

7 25Service as the Adjudicator, or as the Deputy Adjudicator, is not service in the
civil service of the state.

Remuneration

8 (1) The Adjudicator may pay to or in respect of the person holding office as the
Adjudicator or Deputy Adjudicator—

(a) 30remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

(2) The Secretary of State must determine rates and eligibility criteria for the
payments.

5Staff

9 (1) The Adjudicator may make arrangements with the Secretary of State or any
other public authority for staff to be seconded to the Adjudicator.

(2) The arrangements may include provision for payments by the Adjudicator.

Conflicts of interest

10 (1) 10The Adjudicator must make procedural arrangements for dealing with any
conflict of interest affecting—

(a) the Adjudicator,

(b) the Deputy Adjudicator, or

(c) staff working for the Adjudicator.

(2) 15The Adjudicator must consult the Secretary of State before making or
revising the arrangements.

(3) The Adjudicator must publish a summary of the arrangements.

11 (1) This paragraph applies if both the Adjudicator and the Deputy Adjudicator
are unable to act in relation to a matter because of conflicts of interest.

(2) 20The Secretary of State must appoint a person to act as a Deputy Adjudicator
if asked to do so by the Adjudicator.

(3) An acting Deputy Adjudicator may carry out any of the Adjudicator’s
functions for the purpose of dealing with the matter in respect of which the
acting Deputy Adjudicator is appointed.

(4) 25A person holds and vacates office as an acting Deputy Adjudicator in
accordance with the terms of the person’s appointment (subject to sub-
paragraph (5)).

(5) Paragraphs 6(d) and (e), 7 and 8 apply to an acting Deputy Adjudicator as
they apply to the Deputy Adjudicator.

30Validity of acts

12 A defect in appointment does not affect the validity of things done by—

(a) the Adjudicator,

(b) the Deputy Adjudicator, or

(c) an acting Deputy Adjudicator.

35Application of seal and proof of documents

13 The application of the Adjudicator’s seal must be authenticated by the
signature of—

(a) the Adjudicator, or

(b) some other person who has been authorised by the Adjudicator for
40that purpose (whether generally or specially).

14 A document purporting to be duly executed under the seal—

(a) is to be received in evidence, and

(b) is to be treated as duly executed unless the contrary is shown.

Accounts

15 (1) 5The Adjudicator must keep proper accounts and proper records in relation
to the accounts.

(2) For each financial year, the Adjudicator must prepare a statement of
accounts in respect of that financial year.

(3) The statement must be in whatever form the Secretary of State directs.

(4) 10The Adjudicator must send a copy of the statement, within a period
specified by the Secretary of State, to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General.

(5) After the Adjudicator has sent a copy of a statement of accounts to the
15Comptroller and Auditor General, the Comptroller and Auditor General
must—

(a) examine, certify and report on the statement, and

(b) send a copy of the certified statement and the report to the Secretary
of State as soon as possible.

(6) 20The Secretary of State must lay before Parliament a copy of the certified
statement and the report.

Incidental powers

16 The Adjudicator may do anything that is calculated to facilitate the carrying
out of the Adjudicator’s functions or is conducive or incidental to the
25carrying out of those functions.

Assistance from the Secretary of State

17 The Secretary of State may provide staff, premises, facilities or other
assistance to the Adjudicator (with or without charge).

Exemption from liability for damages

18 (1) 30The following are exempt from liability in damages for anything done or
omitted in the exercise or purported exercise of their functions—

(a) the Adjudicator;

(b) the Deputy Adjudicator;

(c) acting Deputy Adjudicators;

(d) 35staff working for the Adjudicator.

(2) Sub-paragraph (1) does not apply—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages made in respect of an act or
omission on the ground that the act or omission was unlawful as a
40result of section 6(1) of the Human Rights Act 1998.

Part 2 Information powers of the Pubs Code Adjudicator

19 (1) The Adjudicator may, for the purposes of an investigation, require a
person—

(a) 5to provide documents in the person’s possession or control;

(b) to provide other information in the person’s possession or control.

(2) The Adjudicator may, for the purposes of monitoring whether a pub-
owning business has followed a recommendation made under section 53,
require the business—

(a) 10to provide documents in the possession or control of the business;

(b) to provide other information in the possession or control of the
business.

(3) Where the Pubs Code confers functions on the Adjudicator in relation to the
provision of parallel rent assessments by pub-owning businesses, the
15Adjudicator may, for the purposes of exercising those functions, require a
person—

(a) to provide documents in the person’s possession or control;

(b) to provide other information in the person’s possession or control.

(4) A requirement imposed under this paragraph may include a requirement
20for information to be provided orally.

(5) A requirement is imposed by giving written notice specifying—

(a) to whom the information is to be provided,

(b) where it is to be provided,

(c) when, or the time by which, it is to be provided, and

(d) 25the form and manner in which it is to be provided.

(6) A notice must also explain the possible consequences of failing to comply.

(7) If a notice requires an individual to attend at a particular place, the
Adjudicator must offer to pay necessary travelling expenses.

(8) A person may not be required under this paragraph to do anything that the
30person could not be compelled to do in civil proceedings before the High
Court.

20 (1) It is an offence for a person intentionally to fail to comply with a requirement
under this Part of this Schedule.

(2) It is a defence for a person charged with that offence to prove that there was
35a reasonable excuse for the person’s failure.

21 It is an offence for a person knowingly to provide false information in
response to a requirement under this Part of this Schedule.

22 A person guilty of an offence under this Part of this Schedule is liable—

(a) on summary conviction, to a fine;

(b) 40on conviction on indictment, to a fine.

Part 3 Amendments of legislation

23 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation) at the appropriate place insert—

• 5“Pubs Code Adjudicator.”

24 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) at the appropriate place insert—

• “Pubs Code Adjudicator or Deputy Pubs Code Adjudicator.”

25 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
10authorities) at the appropriate place insert—

• “Pubs Code Adjudicator.”

26 In each of Schedules 14 and 15 to the Enterprise Act 2002 (provisions about
disclosure of information) at the appropriate place insert—

• “Part 4 of the Small Business, Enterprise and Employment Act
  152015.”

Section 74

SCHEDULE 2 Registration of childcare: premises

Childcare Act 2006

1 The Childcare Act 2006 is amended in accordance with paragraphs 2 to 19.

2 20In section 34 (requirement to register: other early years providers)—

(a) in subsection (1), omit “in respect of the premises”;

(b) in subsection (1A)(a) and (b), omit “in respect of the premises”.

3 In section 36 (applications for registration: other early years providers)—

(a) in subsection (1), omit “on any premises” and “in respect of the
25premises”;

(b) in subsection (1A), omit “on any premises”;

(c) in subsection (1A)(a) and (b), omit “in respect of the premises”.

4 In section 37 (entry on the register and certificates), in subsection (2)(a) omit
“, in respect of the premises in question”.

5 30In section 37A (early years childminder agencies: registers and certificates),
in subsection (2)(a) omit “, in respect of the premises in question”.

6 In section 53 (requirement to register: other later years providers)—

(a) in subsection (1), omit “in respect of the premises”;

(b) in subsection (1A), in paragraphs (a) and (b) omit “in respect of the
35premises”.

7 In section 55 (applications for registration: other later years providers)—

(a) in subsection (1), omit “on any premises” and “in respect of the
premises”;

(b) in subsection (1A), omit “on any premises”;