Small Business, Enterprise and Employment Bill

“(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.”

“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.”

“89E          Supplementary”

(a)   regulations under section or , or

(b)   the first regulations to be made under section 89D,”

“(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.””

(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.”

“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).”

“(ea)   the operation of sections 790N to 790S in cases where an
application is made, and”

“(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—

(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.”

(5)     In this paragraph “foreign limited partner” means an
individual who—

(6)     Regulations under this paragraph may, in particular, prescribe
characteristics by reference to—

(7)     Regulations under this paragraph are subject to affirmative
resolution procedure.”

“(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”

“(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.”

“( )   a decision to make, or not to make, an order in respect of a
financial award (including any costs sum) on the claim,”

( )   in any other case, the sum or sums of money ordered to be
paid (including any costs sum).”

“( )   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,”

“( )   a decision to make, or not to make, a financial award
(including any costs sum) on the claim,”

“( )     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.”

“(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.”

““costs sum” has the meaning given by section 37A;”

““relevant appeal” has the meaning given by section 37A;”

“( )     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.”