Small Business, Enterprise and Employment Bill

third
Marshalled
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 107 to 111
Schedule 7
Clause 112
Schedule 8
Clauses 113 to 126
Schedule 9 Title
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 122

BARONESS NEVILLE-ROLFE

57B

Page 98, line 31, leave out “prescribed proportion of the” and insert “minimum
number of”

57C

Page 98, line 32, leave out “of the”

57D

Page 99, line 7, at end insert—

“(6A)    For the purposes of subsection (3) the “minimum number” of
creditors or contributories is any of the following—

(a)   10% in value of the creditors or contributories;

(b)   10% in number of the creditors or contributories;

(c)   10 creditors or contributories.

(6B)    The references in subsection (6A) to creditors are to creditors of any
class, even where a decision is sought only from creditors of a
particular class.”

57E

Page 99, line 12, leave out “In this section references” and insert “Except as
provided by subsection (6B), references in this section”

57F

Page 99, line 36, leave out “prescribed proportion of the” and insert “appropriate
number of”

57G

Page 99, line 37, leave out first “the”

57H

Page 99, line 47, at end insert—

“( )     For the purposes of subsection (4) the “appropriate number” of
relevant creditors or relevant contributories is 10% in value of those
creditors or contributories.”

57J

Page 100, line 10, at end insert—

“246ZG           Power to amend sections 246ZE and 246ZF

(1)     The Secretary of State may by regulations amend section 246ZE so
as to change the definition of—

(a)   the minimum number of creditors;

(b)   the minimum number of contributories.

(2)     The Secretary of State may by regulations amend section 246ZF so
as to change the definition of—

(a)   the appropriate number of relevant creditors;

(b)   the appropriate number of relevant contributories.

(3)     Regulations under this section may define the minimum number or
the appropriate number by reference to any one or more of—

(a)   a proportion in value,

(b)   a proportion in number,

(c)   an absolute number,

and the definition may include alternative, cumulative or relative
requirements.

(4)     Regulations under subsection (1) may define the minimum number
of creditors or contributories by reference to all creditors or
contributories, or by reference to creditors or contributories of a
particular description.

(5)     Regulations under this section may make provision that will result
in section 246ZE or 246ZF having different definitions for different
cases, including—

(a)   for creditors and for contributories,

(b)   for different kinds of decisions.

(6)     Regulations under this section may make transitional provision.

(7)     The power of the Secretary of State to make regulations under this
section is exercisable by statutory instrument.

(8)     A statutory instrument containing regulations under this section
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.””

Clause 123

BARONESS NEVILLE-ROLFE

57K

Page 101, line 10, leave out “prescribed proportion of the” and insert “minimum
number of”

57L

Page 101, line 22, at end insert—

“(6A)    For the purposes of subsection (3) the “minimum number” of
creditors is any of the following—

(a)   10% in value of the creditors;

(b)   10% in number of the creditors;

(c)   10 creditors.

(6B)    The references in subsection (6A) to creditors are to creditors of any
class, even where a decision is sought only from creditors of a
particular class.”

57M

Page 101, line 27, leave out “In this section references” and insert “Except as
provided by subsection (6B), references in this section”

57N

Page 102, line 8, leave out “prescribed proportion of the” and insert “appropriate
number of”

57P

Page 102, line 17, at end insert—

“( )     For the purposes of subsection (4) the “appropriate number” of
relevant creditors is 10% in value of those creditors.”

57Q

Page 102, line 24, at end insert—

“379ZC           Power to amend sections 379ZA and 379ZB

(1)     The Secretary of State may by regulations amend section 379ZA so
as to change the definition of the minimum number of creditors.

(2)     The Secretary of State may by regulations amend section 379ZB so
as to change the definition of the appropriate number of relevant
creditors.

(3)     Regulations under this section may define the minimum number or
the appropriate number by reference to any one or more of—

(a)   a proportion in value,

(b)   a proportion in number,

(c)   an absolute number,

and the definition may include alternative, cumulative or relative
requirements.

(4)     Regulations under subsection (1) may define the minimum number
of creditors by reference to all creditors, or by reference to creditors
of a particular description.

(5)     Regulations under this section may make provision that will result
in section 379ZA or 379ZB having different definitions for different
cases, including for different kinds of decisions.

(6)     Regulations under this section may make transitional provision.

(7)     The power of the Secretary of State to make regulations under this
section is exercisable by statutory instrument.

(8)     A statutory instrument containing regulations under this section
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of
Parliament.””

Before Clause 147

BARONESS THORNTON

LORD LOW OF DALSTON

LORD YOUNG OF NORWOOD GREEN

BARONESS PROSSER

58

Insert the following new Clause—

“Equal pay: transparency

(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
6requiring companies to publish information showing whether there are
7differences in the pay of male and female employees.


8

(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.”

BARONESS NEVILLE-ROLFE

LORD STONEHAM OF DROXFORD

BARONESS BRINTON

BARONESS GRENDER

[Amendments 58ZZA and 58ZZB are amendments to Amendment 58]

58ZZA*


Line 6, leave out from “requiring” to end of line 7 and insert “the publication of
information showing whether there are differences in the pay of males and
females”

58ZZB*


Line 8, leave out “may” and insert “must”

BARONESS HOLLIS OF HEIGHAM

BARONESS DRAKE

58ZZC*

Insert the following new Clause—

“Employment: compensation for shift cancellations

The Secretary of State shall make regulations requiring employers to pay
compensation to workers, including zero hours contract workers, whose
shifts are cancelled with short notice as defined in the regulations.”

Clause 147

LORD WILLS

LORD LOW OF DALSTON

LORD PHILLIPS OF SUDBURY

58ZA

Page 127, line 2, at end insert—

“( )     In section 43K(1) (extension of meaning of “worker” etc. for Part
1VA), after paragraph (d) insert—

“(e)   is or has been a job applicant.””

After Clause 147

BARONESS NEVILLE-ROLFE

LORD STEVENSON OF BALMACARA

58A

Insert the following new Clause—

“Protection for applicants for employment etc in the health service

(1)     The Employment Rights Act 1996 is amended as follows.

(2)     After section 49A insert—

“PART 5A

PROTECTION FOR APPLICANTS FOR EMPLOYMENT ETC IN THE HEALTH SERVICE

49B          Regulations prohibiting discrimination because of protected
disclosure

(1)     The Secretary of State may make regulations prohibiting an NHS
employer from discriminating against an applicant because it
appears to the NHS employer that the applicant has made a
protected disclosure.

(2)     An “applicant”, in relation to an NHS employer, means an
individual who applies to the NHS employer for—

(a)   a contract of employment,

(b)   a contract to do work personally, or

(c)   appointment to an office or post.

(3)     For the purposes of subsection (1), an NHS employer discriminates
against an applicant if the NHS employer refuses the applicant’s
application or in some other way treats the applicant less
favourably than it treats or would treat other applicants in relation
to the same contract, office or post.

(4)     Regulations under this section may, in particular—

(a)   make provision as to circumstances in which discrimination
by a worker or agent of an NHS employer is to be treated,
for the purposes of the regulations, as discrimination by the
NHS employer;

(b)   confer jurisdiction (including exclusive jurisdiction) on
employment tribunals or the Employment Appeal Tribunal;

(c)   make provision for or about the grant or enforcement of
specified remedies by a court or tribunal;

(d)   make provision for the making of awards of compensation
calculated in accordance with the regulations;

(e)   make different provision for different cases or
circumstances;

(f)   make incidental or consequential provision, including
incidental or consequential provision amending—

(i)   an Act of Parliament (including this Act),

(ii)   an Act of the Scottish Parliament,

(iii)   a Measure or Act of the National Assembly for
Wales, or

(iv)   an instrument made under an Act or Measure within
any of sub-paragraphs (i) to (iii).

(5)     Subsection (4)(f) does not affect the application of section 236(5) to
the power conferred by this section.

(6)     “NHS employer” means an NHS public body prescribed by
regulations under this section.

(7)     “NHS public body” means—

(a)   the National Health Service Commissioning Board;

(b)   a clinical commissioning group;

(c)   a Special Health Authority;

(d)   an NHS trust;

(e)   an NHS foundation trust;

(f)   the Care Quality Commission;

(g)   Health Education England;

(h)   the Health Research Authority;

(i)   the Health and Social Care Information Centre;

(j)   the National Institute for Health and Care Excellence;

(k)   Monitor;

(l)   a Local Health Board established under section 11 of the
National Health Service (Wales) Act 2006;

(m)   the Common Services Agency for the Scottish Health
Service;

(n)   Healthcare Improvement Scotland;

(o)   a Health Board constituted under section 2 of the National
Health Service (Scotland) Act 1978;

(p)   a Special Health Board constituted under that section.

(8)     The Secretary of State must consult the Welsh Ministers before
making regulations prescribing any of the following NHS public
bodies for the purposes of the definition of “NHS employer”—

(a)   a Special Health Authority established under section 22 of
the National Health Service (Wales) Act 2006;

(b)   an NHS trust established under section 18 of that Act;

(c)   a Local Health Board established under section 11 of that
Act.

(9)     The Secretary of State must consult the Scottish Ministers before
making regulations prescribing an NHS public body within any of
paragraphs (m) to (p) of subsection (7) for the purposes of the
definition of “NHS employer”.

(10)     For the purposes of subsection (4)(a)—

(a)   “worker” has the extended meaning given by section 43K,
and

(b)   a person is a worker of an NHS employer if the NHS
employer is an employer in relation to the person within the
extended meaning given by that section.”

(3)     In section 230(6) (interpretation of references to employees, workers etc) for
“and 47B(3)” substitute “, 47B(3) and 49B(10)”.

(4)     In section 236(3) (orders and regulations subject to affirmative procedure)
after “47C,” insert “49B,”.”

LORD WILLS

LORD PHILLIPS OF SUDBURY

LORD LOW OF DALSTON

59

Insert the following new Clause—

“Review of UK whistleblowing framework

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.”

59A

Insert the following new Clause—

“Establishment of a National Whistleblowing Review Officer

The Secretary of State shall by order require persons engaged in regulatory
work to establish a National Whistleblowing Review Officer.”

59B

Insert the following new Clause—

“The National Whistleblowing Review Officer: definitions

(1)     For the purposes of sections (The National Whistleblowing Review Officer:
Investigations
to (Disclosure of information to the National Whistleblowing
Review Officer
) a “whistleblowing concern” is where a disclosure of
information has been made to either a regulator or an employer which
must tend to show one of the following—

(a)   that a criminal offence has been committed, is being committed or
is likely to be committed;

(b)   that a person has failed, is failing or is likely to fail to comply with
any legal obligation to which he is subject;

(c)   that a miscarriage of justice has occurred, is occurring or is likely to
occur;

(d)   that the health or safety of any individual has been, is being or is
likely to be endangered;

(e)   that the environment has been, is being or is likely to be damaged;

(f)   that gross waste or mismanagement of funds is being committed or
is likely to be committed;

(g)   that serious misuse or abuse of authority is being committed or is
likely to be committed; or

(h)   that information tending to show any matter falling within any one
of the preceding paragraphs has been, is being or is likely to be
deliberately concealed;

(2)     A “whistleblower” is—

(a)   a worker;

(b)   an employee;

(c)   a former worker;

(d)   a former employee;

(e)   a student;

(f)   a non-executive director;

(g)   a public appointee; or

(h)   a volunteer,

who has made a disclosure of information to either an organisation or a
regulator as set out in section 43F of the Employment Rights Act 1996
(disclosure to prescribed person).”

59C

Insert the following new Clause—

“The National Whistleblowing Review Officer: investigations

(1)     Subject to subsections (2) and (3), the National Whistleblowing Review
Officer may investigate alleged maladministration or a failure to
investigate by either an organisation or the regulator where a
whistleblowing concern has been made if—

(a)   a whistleblower makes a complaint to the National Whistleblowing
Review Officer;

(b)   representations are made to the National Whistleblowing Review
Officer by a legal or union representative on behalf of a
whistleblower; or

(c)   an organisation or regulator refers itself to the National
Whistleblowing Review Officer for investigation.

(2)     Unless the conditions set out in subsection (3) are satisfied, the National
Whistleblowing Review Officer shall not conduct an investigation in
respect of action in relation to which the whistleblower has or is
pursuing—

(a)   a right of appeal, reference or review to or before a tribunal
constituted by or under any enactment or by virtue of Her
Majesty’s prerogative;

(b)   a remedy by way of proceedings in any court of law; or

(c)   where a regulatory or law enforcement body is conducting an
investigation.

(3)     Where subsection (2) applies, the National Whistleblowing Review Officer
shall conduct an investigation where he is satisfied that—

(a)   the procedure has been exhausted;

(b)   in the particular circumstances it is not reasonable to expect that
procedure to be invoked or (as the case may be) exhausted; or

(c)   the procedure or investigation has not been adequately pursued.”

59D

Insert the following new Clause—

“National Whistleblowing Review Officer: determination of complaints

(1)     The National Whistleblowing Review Officer must determine complaints
by reference to what is, in the opinion of the National Whistleblowing
Review Officer, fair and reasonable in all circumstances of the case.

(2)     The determination may contain one or more of the following—

(a)   a review of the handling of a whistleblowing concern to identify
failures in best practice, failure to address public interest issues or
the causing of injustice to a whistleblower;

(b)   advice to an employer, where failure to follow best practice has
been found, to take appropriate or proportionate action;

(c)   recommendations to the relevant system regulator or oversight
body that it make a direction requiring action, which may include
the following—

(i)   addressing any ongoing risks not resolved from the
whistleblowing concern;

(ii)   correction of any failure to investigate a whistleblowing
concern;

(iii)   correction of any non-compliance of good practice
identified;

(iv)   appropriate recognition of the contribution of the
whistleblower in raising a whistleblowing concern;

(v)   rejection of the complaint where the Ombudsman is of the
opinion, after consideration, that—

(a) the complaint is frivolous;

(b) there is no substance to it, or

(c) the organisation or any third party organisation has
dealt with the concern raised by the whistleblower
or with the complaint about the way the
whistleblower has been treated,

(3)     Nothing in this scheme prevents the whistleblower from pursuing a claim
under the Public Interest Disclosure Act 1998.

(4)     The National Whistleblowing Review Officer shall make available a report
of any actions taken under this section.”

59E

Insert the following new Clause—

“National Whistleblowing Review Officer: other functions

(1)     The National Whistleblowing Review Officer shall offer guidance on how
to investigate whistleblowing concerns.

(2)     The National Whistleblowing Review Officer shall seek to improve public
awareness of, and public education about, whistleblowing.

(3)     The National Whistleblowing Review Officer shall report annually to
Parliament about its activities and publish a report on its website.”

59F

Insert the following new Clause—

“Disclosure of information to the National Whistleblowing Review Officer

(1)     Nothing in this section shall detract from the duty upon relevant public
authorities to provide relevant information to the National Whistleblowing
Review Officer on request from the National Whistleblowing Review
Officer.

(2)     In this Act—

“relevant information” shall include all information which may
reasonably be considered to relate to the cause of the event, the
event itself, and actions taken after the event as a result;

“public authority” shall have the same meaning as in the Freedom of
Information Act 2000.

(3)     A public authority may only decline to provide information to the National
Whistleblowing Review Officer if disclosure of that information to the
National Whistleblowing Review Officer—

(a)   is not possible for the purpose of safeguarding national security;

(b)   would, or would be likely to, prejudice the defence of the realm or
the capability, effectiveness or security of the armed forces of the
Crown;

(c)   is prohibited by or under any enactment, is incompatible with any
EU obligation, or would constitute or be punishable as a contempt
of court; or

(d)   would, or would be likely to, prejudice a police investigation into
whether any person has failed to comply with the law.

(4)     A public authority may request that the National Whistleblowing Review
Officer provides an assurance that information provided to the National
Whistleblowing Review Officer will be secured to the same data security
standard used by that authority, and the National Whistleblowing Review
Officer may provide such assurance and shall use its best endeavours to
maintain that standard.

(5)     If information is withheld from the National Whistleblowing Review
Officer under subsection (3), the National Whistleblowing Review Officer
must be informed of the subject of the matter being withheld and the
reason for that exemption.

(6)     Upon receiving a notification that information is being withheld, the
National Whistleblowing Review Officer may apply to the Information
Commissioner for a decision whether the public authority has assessed
correctly that disclosure is not possible under subsection (3).

(7)     Upon receiving an application from The National Whistleblowing Review
Officer under subsection (6), the Information Commissioner shall consider
the application and issue a decision notice to the National Whistleblowing
Review Officer and to the relevant public authority stating either—

(a)   that the public authority has correctly assessed that the information
should be withheld; or

(b)   that all or some of the information should not be withheld, the steps
that the public authority must take to provide the information and
the period within which they must be taken.

(8)     A decision notice issued by the Information Commissioner under
subsection (7) may be appealed by the National Whistleblowing Review
Officer or the relevant public authority to the Tribunal.

(9)     If on an appeal under subsection (8) the Tribunal considers—

(a)   that the notice against which the appeal is brought is not in
accordance with the law; or

(b)   to the extent that the notice involved an exercise of discretion by the
Commissioner, that he or she ought to have exercised his or her
discretion differently, the Tribunal shall allow the appeal or
substitute such other notice as could have been served by the
Commissioner, and in any other case the Tribunal shall dismiss the
appeal.

(10)     On such an appeal, the Tribunal—

(a)   may review any finding of fact on which the notice in question was
based; and

(b)   shall notify the Lord Chancellor of its decision.

(11)     The National Whistleblowing Review Officer and any office or officials
supporting the work of the National Whistleblowing Review Officer are
not a public authority for the purpose of the Freedom of Information Act
2000.

(12)     The provisions of Schedule 6 to the Data Protection Act 1998 (appeal
proceedings) have effect (so far as applicable) in relation to appeals under
this section.

(13)     In this section, “Tribunal” has the meaning given by section 84 of the
Freedom of Information Act 2000 (interpretation).”

Clause 148

BARONESS NEVILLE-ROLFE

60

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.”

61

Page 127, line 30, leave out “In subsection (2)”

62

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,”

63

Page 127, line 34, leave out second “the” and insert “any such”

64

Page 128, line 6, leave out “subject to subsection (4),”

65

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).”

66

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,”

67

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,”

68

Page 128, line 32, leave out second “the” and insert “any such”

69

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.”

70

Page 135, line 20, leave out from “in” to end of line and insert “particular cases”

71

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.”

72

Page 136, line 19, at end insert—

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

73

Page 136, line 24, at end insert—

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

74

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 151

LORD YOUNG OF NORWOOD GREEN

LORD STEVENSON OF BALMACARA

74A*

Page 140, line 12, at end insert—

“(4A)    An employer must offer a fixed-hours contract to a worker who has
worked regular hours over six months of continuous employment,
but the worker may reject the offer.

(4B)    The Secretary of State shall by regulations make provision for the
determination of “regular hours” under subsection (4B).”

After Clause 151

LORD MITCHELL

LORD STEVENSON OF BALMACARA

74B*

Insert the following new Clause—

“Growth and impact of unpaid internships

(1)     The Secretary of State must publish a report on the growth of unpaid
internships within the United Kingdom labour market over the past five
years.

(2)     The report shall include details on, but is not limited to—

(a)   the incidence of unpaid internships by industrial classification;

(b)   the average and median length of unpaid internships;

(c)   an analysis of those who undertake unpaid internships including
details on age; gender and ethnicity;

(d)   the impact of unpaid internships on social mobility;

(e)   the impact of unpaid internships on graduate prospects; and

(f)   current legislation and provisions available to address the
exploitation of unpaid internships.”

BARONESS HOLLIS OF HEIGHAM

74C*

Insert the following new Clause—

“Workers: inclusion within national insurance system

All workers shall be eligible for inclusion within the national insurance
system where the relevant worker’s annual earnings reach or exceed the
annualised level of Job Seeker’s Allowance.”

Clause 152

BARONESS NEVILLE-ROLFE

75

Page 141, line 29, leave out “prescribed” and insert “qualifying”

76

Page 141, line 30, leave out “qualifying exit payments” and insert “the repayment
mentioned in subsection (1)”

Clause 153

BARONESS NEVILLE-ROLFE

77

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.”

78

Page 142, line 22, leave out subsection (2)

79

Page 142, line 31, after “(1)” insert “(a)”

80

Page 142, line 41, after “(1)” insert “(a)”

Clause 154

BARONESS NEVILLE-ROLFE

81

Page 143, line 24, leave out “an” and insert “—

(a)   the Scottish Parliamentary Corporate Body, or

“(b)   any”

After Clause 155

BARONESS NEVILLE-ROLFE

81A

Insert the following new Clause—

“Concessionary coal

(1)      This section applies to an entitlement to concessionary coal or payments in
lieu of concessionary coal—

(a)   arising in connection with employment by a company which on 1st
January 2014 was carrying on the business of deep coal-mining in
the United Kingdom, and

(b)   which is not being met otherwise than by virtue of this section.

(2)     The Secretary of State may, out of money provided by Parliament, make
such payments as the Secretary of State considers appropriate for the
purpose of securing that an entitlement to which this section applies is met.

(3)     Payments under this section may be made only with the consent of the
Treasury.

(4)     “Concessionary coal” means coal or other solid fuel supplied free of charge
or at reduced prices.”

Clause 159

BARONESS NEVILLE-ROLFE

82

Page 146, line 36, leave out “made by regulations” and insert “included in an
instrument”

83

Page 146, line 39, leave out “made by regulations” and insert “included in an
instrument”

Clause 162

BARONESS NEVILLE-ROLFE

83A

Page 148, line 20, at end insert—

“(j)   in Part 11, section (Concessionary coal) (concessionary coal).”

84

Page 148, line 23, leave out “section 89D” and insert “Part 4A”

Prepared 10th March 2015