Session 2014-15
Other Public Bills before Parliament
Bill Home Page
Small Business, Enterprise and Employment Bill
to be moved
ON REPORT
Clause 13
BARONESS NEVILLE-ROLFE
Page 13, line 18, leave out from second “instrument,” to end of line 19 and insert
“if”
Page 13, line 22, after “to” insert “regulations under subsection (1A) and to”
Page 13, line 22, at end insert—
“(1A) The Treasury may by regulations prescribe circumstances in which
subsection (1) does not apply.
(1B) Regulations under subsection (1A) may in particular prescribe
circumstances by reference to—
(a) descriptions of instrument;
(b) arrangements under which presentment is made;
(c) descriptions of persons by or to whom presentment is made;
(d) descriptions of persons receiving payment or on whose
behalf payment is received.”
Page 14, line 12, leave out “is” and insert “appears to be”
Page 14, line 37, leave out second “banker” and insert “person”
Page 14, line 37, at end insert—
“89CA Copies of instruments and evidence of payment
(1) The Treasury may by regulations make provision for—
(a) requiring a copy of an instrument paid as a result of
presentment under section 89A to be provided, on request,
to the creator of the instrument by the banker who paid the
instrument;
(b) a copy of an instrument provided in accordance with the
regulations to be evidence of receipt by a person identified
in accordance with the regulations of the sum payable by
the instrument.
(2) Regulations under subsection (1)(a) may in particular—
(a) prescribe the manner and form in which a copy is to be
provided;
(b) require the copy to be certified to be a true copy of the
electronic image provided to the banker making the
payment on presentment under section 89A;
(c) provide for the copy to be accompanied by prescribed
information;
(d) require any copy to be provided free of charge or permit
charges to be made for the provision of copies in prescribed
circumstances.
(3) The reference in subsection (1)(a) to the creator of the instrument
is—
(a) in the case of a bill of exchange, a reference to the drawer;
(b) in the case of a promissory note, a reference to the maker.”
Page 14, line 43, leave out “subsection (1)” and insert “this section”
Page 15, line 47, at end insert—
“89E Supplementary”
Page 15, line 48, leave out “section” and insert “Part”
Page 16, line 7, leave out “section” and insert “Part”
Page 16, line 9, leave out from “containing” to “may” in line 10 and insert “—
(a) regulations under section or , or
(b) the first regulations to be made under section 89D,”
Page 16, line 12, leave out “this section” and insert “section ”
89DPage 16, line 14, at end insert—
“(12) For the purposes of this Part, a banker collects payment of an
instrument on behalf of a customer by—
(a) receiving payment of the instrument for the customer, or
(b) receiving payment of the instrument for the banker (but not
as holder), having—
(i) credited the customer’s account with the amount of
the instrument, or
(ii) otherwise given value to the customer in respect of
the instrument.
(13) Section 89D(4) applies for the purposes of subsection in its
application to section 89D.””
Clause 19
BARONESS NEVILLE-ROLFE
Page 20, line 1, after “must” insert “—
(a) ”
Page 20, line 2, at end insert “, and
(b) lay any such guidance or revised guidance before Parliament.”
Clause 27
BARONESS NEVILLE-ROLFE
Page 26, line 16, leave out sub-paragraph (i)
Clause 39
BARONESS NEVILLE-ROLFE
Page 36, line 10, leave out from “authority”” to “, or” in line 12 and insert “has the
same meaning as in regulation 2 of the Public Contracts Regulations 2015 (S.I.
2015/102)”
Page 37, line 4, leave out “negative” and insert “affirmative”
Clause 40
BARONESS NEVILLE-ROLFE
Page 37, line 31, at end insert “or
(0) the Public Contracts Regulations 2015 (S.I. 2015/102) apply,
disregarding for this purpose the operation of any financial
threshold provided for by those regulations;”
Clause 75
BARONESS NEVILLE-ROLFE
Page 54, line 36, leave out subsection (5)
Schedule 3
BARONESS NEVILLE-ROLFE
Page 163, line 30, at end insert “, and
(i) if, in relation to that company, restrictions on using or
disclosing any of the individual’s PSC particulars are in
force under regulations under section 790ZF, that fact.”
Page 166, line 31, leave out from “used” to end of line 40
Page 168, line 24, at end insert—
“790SA Protected information
(1) Section 790N and subsections (1) and (2) of section 790O are
subject to—
(a) section 790ZE (protection of information as to usual
residential address), and
(b) any provision of regulations made under section 790ZF
(protection of material).
(2) Subsection (1) is not to be taken to affect the generality of the
power conferred by virtue of section 790ZF(3)(ea).”
Page 175, line 1, leave out “where an application is granted,”
Page 175, line 3, at end insert—
“(ea) the operation of sections 790N to 790S in cases where an
application is made, and”
Page 180, line 36, leave out “prepare and publish” and insert “issue”
Page 180, leave out line 39
Page 180, line 40, leave out from “guidance” to first “in” in line 41
Page 180, line 42, at end insert—
“(3A) Before issuing guidance under this paragraph the Secretary of
State must lay a draft of it before Parliament.
(3B) If, within the 40-day period, either House of Parliament
resolves not to approve the draft guidance, the Secretary of
State must take no further steps in relation to it.
(3C) If no such resolution is made within that period, the Secretary
of State must issue and publish the guidance in the form of the
draft.
(3D) Sub-paragraph (3B) does not prevent a new draft of proposed
guidance from being laid before Parliament.
(3E) In this section “the 40-day period”, in relation to draft
guidance, means the period of 40 days beginning with the day
on which the draft is laid before Parliament (or, if it is not laid
before each House on the same day, the later of the days on
which it is laid).
(3F) In calculating the 40-day period, no account is to be taken of
any period during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than 4 days.
(3G) The Secretary of State may revise guidance issued under this
paragraph, and a reference in this paragraph to guidance
includes a reference to revised guidance.”
Page 181, line 15, after “means” insert “—
( ) ”
Page 181, line 18, at end insert “, or
( ) a foreign limited partner.
(5) In this paragraph “foreign limited partner” means an
individual who—
(a) participates in arrangements established under the law
of a country or territory outside the United Kingdom,
and
(b) has the characteristics prescribed by regulations made
by the Secretary of State.
(6) Regulations under this paragraph may, in particular, prescribe
characteristics by reference to—
(a) the nature of arrangements;
(b) the nature of an individual’s participation in the
arrangements.
(7) Regulations under this paragraph are subject to affirmative
resolution procedure.”
Clause 87
BARONESS NEVILLE-ROLFE
Page 61, line 22, leave out “negative” and insert “affirmative”
Clause 106
BARONESS NEVILLE-ROLFE
Page 86, line 5, leave out from “instrument” to “House” in line 6 and insert—
“(9) An order under this section may not be made unless a draft of the
instrument containing it has been laid before, and approved by a
resolution of, each”
Clause 148
BARONESS NEVILLE-ROLFE
Page 127, leave out lines 20 to 23 and insert—
“(2) “Financial award”—
(a) means a sum of money (or, if more than one, the sums of
money) ordered by an employment tribunal on a claim
involving an employer and a worker, or on a relevant
appeal, to be paid by the employer to the worker, and
(b) includes—
(i) any sum (a “costs sum”) required to be paid in
accordance with an order in respect of costs or
expenses which relate to proceedings on, or
preparation time relating to, the claim or a relevant
appeal, and
(ii) in a case to which section 16 applies, a sum ordered
to be paid to the Secretary of State under that section.
(2A) Subsection (2)(b)(i) applies irrespective of when the order was
made or the amount of the costs sum was determined.”
Page 127, line 30, leave out “In subsection (2)”
Page 127, leave out line 33 and insert—
“( ) a decision to make, or not to make, an order in respect of a
financial award (including any costs sum) on the claim,”
Page 127, line 34, leave out second “the” and insert “any such”
Page 128, line 6, leave out “subject to subsection (4),”
Page 128, line 10, leave out from “17(3))” to end of line 26 and insert “together with
any costs sum, and
( ) in any other case, the sum or sums of money ordered to be
paid (including any costs sum).”
Page 128, line 28, at end insert—
“( ) when the worker could make an application for an order for
a costs sum in relation to—
(i) proceedings on the claim to which the financial
award relates,
(ii) proceedings on a relevant appeal,
( ) when the worker has made such an application but the
application has not been withdrawn or finally determined,”
Page 128, leave out line 31 and insert—
“( ) a decision to make, or not to make, a financial award
(including any costs sum) on the claim,”
Page 128, line 32, leave out second “the” and insert “any such”
Page 129, line 24, at end insert—
“( ) The provisions of this Part apply where a financial award consists
of two or more sums (whether or not any of them is a costs sum)
which are required to be paid at different times as if—
(a) it were a relevant sum to be paid by instalments, and
(b) those sums were the instalments.”
Page 135, line 20, leave out from “in” to end of line and insert “particular cases”
Page 135, line 30, at end insert—
“(3) The Secretary of State may by regulations make provision for this
Part to apply with modifications in cases where a financial award
has been made against an employer but is not regarded as
outstanding by virtue only of the fact that an application for an
order for a costs sum has not been finally determined (or any appeal
within section 37B(5)(a) so far as relating to the application could
still be made or has not been withdrawn or finally determined).
(4) Regulations under subsection may in particular provide—
(a) for any provision of this Part to apply, or to apply if the
enforcement officer so determines, as if the application had
not been, and could not be, made;
(b) for any costs sum the amount of which is subsequently
determined, or the order for which is subsequently made, to
be treated for the purposes of this Part as a separate relevant
sum.”
Page 136, line 19, at end insert—
““costs sum” has the meaning given by section 37A;”
Page 136, line 24, at end insert—
““relevant appeal” has the meaning given by section 37A;”
Page 136, line 40, at end insert—
“( ) For the purposes of this Part a relevant sum is to be regarded as
having been paid in full when the amount unpaid in respect of that
sum on the date of payment has been paid.”
Clause 152
BARONESS NEVILLE-ROLFE
Page 141, line 29, leave out “prescribed” and insert “qualifying”
Page 141, line 30, leave out “qualifying exit payments” and insert “the repayment
mentioned in subsection (1)”
Clause 153
BARONESS NEVILLE-ROLFE
Page 142, line 17, leave out subsection (1) and insert—
“(1) For the purposes of section 152(1) circumstances are qualifying
circumstances if—
(a) an exit payee becomes—
(i) an employee or a contractor of a prescribed public sector
authority, or
(ii) a holder of a prescribed public sector office,
(b) less than one year has elapsed between the exit payee leaving the
employment or office in respect of which a qualifying exit payment
is payable and the event mentioned in paragraph (a), and
(c) any other prescribed conditions are met.”
Page 142, line 22, leave out subsection (2)
Page 142, line 31, after “(1)” insert “(a)”
Page 142, line 41, after “(1)” insert “(a)”
Clause 154
BARONESS NEVILLE-ROLFE
Page 143, line 24, leave out “an” and insert “—
(a) the Scottish Parliamentary Corporate Body, or
“(b) any”
Clause 159
BARONESS NEVILLE-ROLFE
Page 146, line 36, leave out “made by regulations” and insert “included in an
instrument”
Page 146, line 39, leave out “made by regulations” and insert “included in an
instrument”
Clause 162
BARONESS NEVILLE-ROLFE
Page 148, line 23, leave out “section 89D” and insert “Part 4A”