Session 2014-15
Other Public Bills before Parliament
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Small Business, Enterprise and Employment Bill
List of Amendments
to be moved
ON REPORT
The amendments have been marshalled in accordance with the Order of 26th February 2015, as follows—
| Clauses 1 to 41 Schedule 1 Clauses 42 to 77 Schedule 2 Clauses 78 to 81 Schedule 3 Clauses 82 to 84 Schedule 4 Clauses 85 to 94 Schedule 5 Clauses 95 to 97 Schedule 6 Title |
Clauses 98 to 111 Schedule 7 Clause 112 Schedule 8 Clauses 113 to 126 Schedule 9 Clauses 127 to 133 Schedule 10 Clauses 134 to 144 Schedule 11 Clauses 145 to 163 |
[Amendments marked * are new or have been altered]
Clause 3
LORD MENDELSOHN
LORD MITCHELL
LORD STEVENSON OF BALMACARA
Page 4, line 1, after “policies” insert “and performance”
Page 4, line 33, at end insert—
“( ) “Performance” has such meaning as may be prescribed, and the
information which may be prescribed shall in particular include
information on late payment of invoices by the company, to be included in
a quarterly report which shall include—
(a) lists of all payments to suppliers which were made over 30 days
after the date indicated by the suppliers’ agreed payment terms,
without a formal query having been registered with the suppliers
within a period as may be prescribed;
(b) confirmation, for each instance listed under paragraph (a), that
interest, equalling the Bank of England base rate plus 8% APR, was
paid to compensate the supplier for overdue payment;
(c) assurance, for each instance listed under paragraph (a) where
confirmation of compensation under paragraph (b) cannot be
provided, of a payment plan in place to compensate suppliers on
the basis set out in that paragraph; and
(d) assurance from the relevant auditor that the company is
maintaining accurate and honest financial records and statements
as outlined in subsections (1) and (2) of section 498 of the
Companies Act 2006 (duties of auditor).”
After Clause 3
LORD MENDELSOHN
LORD MITCHELL
Insert the following new Clause—
(1) The Secretary of State may make regulations—
(a) imposing a limit on the number of days after receipt of a supplier’s
invoice a company can seek to challenge that invoice,
(b) prohibiting the practice of a company seeking to change the
payment terms of a supplier company unilaterally, and
(c) prohibiting a company from requiring a supplier company to make
a payment in order to join that company’s list of suppliers.”
LORD MENDELSOHN
LORD STEVENSON OF BALMACARA
Insert the following new Clause—
The Secretary of State may make regulations prohibiting the practice of a
company seeking to reverse fixed payments and apply retrospective
rebates and charges to a supplier company.”
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Insert the following new Clause—
(1) The Secretary of State may by regulations impose requirements on certain
companies to publish information about their policies, practices and
performance in holding, safeguarding and releasing sums withheld by, or
on behalf of, a payer from monies which would otherwise be due under a
contract, the effect of which would provide the payer with security for the
current and future performance by the payee of any or all of the payee’s
obligations under the contract (“retention monies”).
(2) The regulations under subsection (1) may prescribe—
(a) the companies or type of companies to which the regulations apply;
(b) the information required to be published;
(c) the intervals at which, and format and manner in which,
publication must take place; and
(d) the type of description of contractual provision to which the
regulations apply.
(3) The restrictions on regulations in section 3(3) shall apply to regulations
made under subsection (1) of this section.
(4) The Secretary of State shall arrange a review of the operation of the type of
contractual provisions mentioned in subsection (1) after a period of 18
months following the coming into force of the first regulations made under
subsection (1), and shall lay a copy of the report of the review before each
House of Parliament.
(5) The review provided for under subsection (4) may make recommendations
for requirements and obligations to be imposed upon certain types or
descriptions of companies in relation to the practice of retaining monies as
described in subsection (1).
(6) After public consultation, the Secretary of State may by regulations impose
such requirements and obligations on prescribed companies as were
recommended by the review, in whole or in part and with such
amendments as the Secretary of State believes to be required in order to—
(a) ensure that the practice of withholding retention monies does not
give rise to unfair treatment of payees;
(b) provide assurance that retention monies are held securely; and
(c) ensure that the position of a payee company from whom retention
monies are being withheld is protected when a payer company
becomes insolvent.”
After Clause 5
LORD MITCHELL
LORD MENDELSOHN
Insert the following new Clause—
(1) The Secretary of State has a duty to conduct a review on alternative forms
of finance available to small businesses as defined in section 33(2) and
micro businesses as defined in section 33(3).
(2) The review should include, but is not limited to—
(a) an assessment of how the banking sector is catering to the finance
needs of SMEs,
(b) current methods used by the Government and relevant
organisations to encourage SME consideration of alternative forms
of finance, and
(c) the extent to which alternative forms of finance have been used by
SMEs.
(3) The Secretary of State shall release a report on the findings of this review
and lay it before both Houses of Parliament within one year of the
commencement of this Act.
(4) The Secretary of State may, by regulations, act on the findings of the
review.”
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 89A or 89CA, or
(b) the first regulations to be made under section 89D,”
Page 16, line 12, leave out “this section” and insert “section 89D”
Page 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 (12) in its
application to section 89D.””
Clause 17
BARONESS THORNTON
LORD STEVENSON OF BALMACARA
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) the relevant regulators in—
(i) the Department of Health;
(ii) the Department of 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 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 28
LORD STEVENSON OF BALMACARA
LORD MENDELSOHN
Page 27, line 23, at end insert—
“( ) The Secretary of State shall conduct a review of the current regulatory
machinery used to consider regulatory and deregulatory proposals.
( ) The review should include, but not be limited to, the work of the
Regulatory Policy Committee.
( ) Following the findings of the review the Secretary of State shall bring
forward regulations to enhance the role of the Regulatory Policy
Committee and its recommendations.”
Clause 33
LORD MENDELSOHN
LORD STEVENSON OF BALMACARA
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
shall be considered consumers with all the rights of consumers under the
Consumer Rights Act 2015.
( ) Those who represent businesses with fewer than 10 employees and are
purchasing goods or services for use within their commercial activities
shall be considered consumers with all the rights of consumers under the
Consumer Rights Act 2015.”
Clause 35
BARONESS HAYTER OF KENTISH TOWN
LORD STEVENSON OF BALMACARA
Page 32, line 23, at end insert—
“( ) In considering what is reasonable for the purposes of subsection (4),
a 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.”
Clause 39
LORD MENDELSOHN
LORD STEVENSON OF BALMACARA
Page 36, line 6, at end insert—
“( ) The Minister for the Cabinet Office or the Secretary of State may by
regulations ensure that the provisions of this section will not undermine
the impact of the Localism Act 2011 and the Public Services (Social Value)
Act 2012 and have due regard to—
(a) local authorities’ duty to promote economic growth in their
relevant area;
(b) local authorities’ duty to promote skills development in their
relevant area;
(c) the advertising and procurement tender period appropriate to the
size of the business to ensure a secure procurement process; and
(d) the potential harm caused to local companies and businesses by the
relevant contracting authority’s choice of supplier through the
procurement process.”
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)”
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
Page 36, line 42, at end insert—
“( ) duties to require an appropriate number of apprenticeships.”
Page 36, line 42, at end insert—
“( ) duties on local employment partnerships to work with the relevant
small and medium enterprise organisations to deliver an
apprenticeship strategy with appropriate objectives and a
consequent annual review;
( ) duties on schools, colleges, university technical colleges,
universities and other relevant education institutions to have
established links with local businesses to encourage apprenticeship
development through the procurement process.”
LORD MENDELSOHN
LORD STEVENSON OF BALMACARA
Page 36, line 42, at end insert—
“( ) The Minister for the Cabinet Office or the Secretary of State must publish a
report detailing and establishing procedures on the procurement practices
of contracting authorities.
( ) The report must include but is not limited to—
(a) an assessment on current systems of redress available for small and
medium sized enterprises engaged in the procurement process;
(b) an assessment of the viability and the benefits of a small business
procurement adjudicator with the power to ensure that
procurement processes are fair and proportionate to small and
medium size enterprises.
( ) The Minister for the Cabinet Office or the Secretary of State must publish
guidance on suitability, detailing which types of companies are best suited
for the range of procurement contracts on offer.”
BARONESS NEVILLE-ROLFE
Page 37, line 4, leave out “negative” and insert “affirmative”
Clause 40
BARONESS NEVILLE-ROLFE
Page 37, line 31, at end insert “or
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.”
LORD WATSON OF INVERGOWRIE
LORD PHILLIPS OF SUDBURY
Page 163, line 30, at end insert—
“(i) where the control is exercised through a chain of legal
entities (as described in Schedule 1A), details of name,
service address and jurisdiction of registration of all legal
entities in the chain”
Page 163, line 40, at end insert—
“(f) where the control is exercised through a chain of legal
entities (as described in Schedule 1A), details of name,
service address and jurisdiction of registration of all legal
entities in the chain”
Page 164, line 6, at end insert—
“(g) where the control is exercised through a chain of legal
entities (as described in Schedule 1A), details of name,
service address and jurisdiction of registration of all legal
entities in the chain”
LORD FLIGHT
Page 166, leave out line 3
Page 166, leave out lines 5 to 18
Page 166, line 21, after “person” insert “for a proper purpose”
BARONESS NEVILLE-ROLFE
Page 166, line 31, leave out from “used” to end of line 40
LORD FLIGHT
Page 166, line 40, at end insert—
“(5) For the purposes of this Part, a “proper purpose” shall mean—
(a) in the case of a national security agency, for safeguarding
national security or personal safety,
(b) in the case of HM Revenue and Customs, for the conduct
of tax investigations, and
(c) in the case of law enforcement authorities, for the
purpose of criminal investigations.”
BARONESS NEVILLE-ROLFE
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.”
After Clause 82
LORD WATSON OF INVERGOWRIE
LORD PHILLIPS OF SUDBURY
Insert the following new Clause—
The Secretary of State must once a year lay a report before Parliament on
the measures being taken, and the performance of such measures, to ensure
that PSC information recorded on the register is both accurate and
verified.”
Clause 87
BARONESS NEVILLE-ROLFE
Page 61, line 22, leave out “negative” and insert “affirmative”
Clause 92
LORD FLIGHT
Page 68, line 39, at end insert—
“(4) The registrar shall only make available information delivered
under this section for a proper purpose as defined in Part 21A.”
Page 69, line 8, at end insert—
“(5) The registrar shall only make available information delivered
under this section for a proper purpose as defined in Part 21A.”
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”
Before Clause 147
BARONESS THORNTON
LORD LOW OF DALSTON
LORD YOUNG OF NORWOOD GREEN
LORD STEVENSON OF BALMACARA
Insert the following new Clause—
(1) The Secretary of State must, as soon as possible, and no later than 12
months after the passing of this Act, make regulations under section 78 of
the Equality Act 2010 (gender pay gap information) for the purpose of
requiring companies to publish information showing whether there are
differences in the pay of male and female employees.
(2) The Secretary of State may consult such persons as the Secretary of State
thinks appropriate on the details of such regulations prior to publication.”
After Clause 147
LORD WILLS
LORD PHILLIPS OF SUDBURY
LORD LOW OF DALSTON
Insert the following new Clause—
The Secretary of State shall—
(a) not later than the end of the period of 12 months beginning on the
day on which this Act is passed, order a review of the operation of
the UK whistleblowing framework;
(b) not more than 6 months after that period, lay before Parliament a
report of the findings made in the review and of the conclusions
drawn from the findings; and
(c) every 36 months, commencing after a report has been made to
Parliament under paragraph (b), order a further review of the UK
whistleblowing framework and report to Parliament in line with
this section.”
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 (3) 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”