Small Business, Enterprise and Employment Bill

Amendments
to be moved
ON REPORT

[Supplementary to the Marshalled List]

Schedule 1

BARONESS NEVILLE-ROLFE

 

Page 150, line 6, leave out from “arrangements” to end of line 7 and insert “for
persons to be seconded to the Adjudicator to serve as members of the
Adjudicator’s staff.”

 

Page 150, line 8, at end insert “to the person with whom the arrangements are
made, or directly to seconded staff (or both).”

 

Page 150, line 8, at end insert—

“( )     A period of secondment to the Adjudicator does not affect the continuity
of a person’s employment with the employer from whose service he or
she is seconded (and a person employed in the civil service of the State
continues to be so employed during any period of secondment to the
Adjudicator).

( )     Before making arrangements under sub-paragraph (1), the Adjudicator
must obtain the approval of the Secretary of State as to the Adjudicator’s
policies on—

(a)   the number of staff to be seconded;

(b)   payments to be made to or in respect of seconded staff;

(c)   the terms and conditions on which staff are to be seconded.”

 

Page 152, line 14, after first “rent” insert “only”

 

Page 153, line 7, leave out “place” and insert “places”

 

Page 153, line 7, at end insert—

“Member of staff of the Pubs Code Adjudicator.”

Clause 42

BARONESS NEVILLE-ROLFE

 

Page 38, line 29, leave out “as a result of” and insert “than they would be if they
were not subject to”

 

Page 39, line 8, leave out “falling within section 70(1)(b)”

Clause 43

BARONESS NEVILLE-ROLFE

 

Page 39, line 18, after “rent” insert “only”

 

Page 39, line 20, after “rent” insert “only”

 

Page 39, line 23, leave out “the market rent”

 

Page 39, line 23, at end insert “—

(i)   such rent as may be agreed between the pub-owning
business and the tied pub tenant in accordance with the
MRO procedure (see section 44), or

(ii)   failing such agreement, the market rent.”

 

Page 39, line 25, after “rent” insert “only”

 

Page 39, line 27, after “rent” insert “only”

 

Page 39, line 44, leave out “may, in particular, require” and insert “must include
provision requiring”

 

Page 39, line 45, after “rent” insert “only”

 

Page 40, line 24, leave out from “to” to “that” in line 26 and insert “the occupation
of particular premises under a tenancy or licence which is MRO-compliant, means
the estimated rent which it would be reasonable to pay in respect of that
occupation on the following assumptions—

(a)   that the tenancy or licence concerned is entered into —

(i)   on the date on which the determination of the estimated rent
is made;

(ii)   in an arm’s length transaction ;

(iii)   after proper marketing; and

(iv)   between parties each of whom has acted knowledgeably,
prudently and willingly; and

(b)   ”

Clause 44

BARONESS NEVILLE-ROLFE

 

Page 40, line 31, after “rent” insert “only”

 

Page 40, line 31, leave out “the market rent option” and insert “the MRO”

 

Page 40, line 38, after “rent” insert “only”

 

Page 40, line 39, at end insert—

“(ab)   specify a reasonable period (“the negotiation period”) during which
the pub-owning business and the tied pub tenant may seek to agree
the rent to be payable in respect of the tied pub tenant’s occupation
of the premises concerned under the proposed MRO-compliant
tenancy or licence;”

 

Page 40, line 42, after “where” insert “, at the end of the negotiation period,”

 

Page 40, line 43, leave out “cannot agree on that market rent” and insert “have not
reached agreement as mentioned in paragraph (ab)”

 

Page 41, line 2, at end insert—

“( )   require that the market rent must be determined by the
independent assessor within a specified reasonable period;”

 

Page 41, line 14, leave out “market rent option” and insert “MRO”

 

Page 41, line 18, leave out “market rent option” and insert “MRO”

Clause 45

BARONESS NEVILLE-ROLFE

 

Page 41, line 23, after “rent” insert “only”

 

Page 41, line 27, after “rent” insert “only”

 

Page 41, line 32, leave out “market rent option” and insert “MRO”

Clause 62

BARONESS NEVILLE-ROLFE

 

Page 49, line 5, after first “rent” insert “only”

Clause 68

BARONESS NEVILLE-ROLFE

 

Page 51, line 26, at end insert “(whether or not it restricts such sales)”

Clause 69

BARONESS NEVILLE-ROLFE

 

Page 51, line 43, at end insert—

“(2A)    A person not falling within subsection (1) and who is the landlord of a tied
pub occupied by a tied pub tenant who has extended protection in relation
to that tied pub is also a pub-owning business for the purposes of this Part
in relation to that occupation.

(2B)    A tied pub tenant has “extended protection in relation to a tied pub” if—

(a)   the tenant occupies the tied pub under a tenancy or licence at a time
when the landlord is a person who is a pub-owning business by
virtue of subsection (1), and

(b)   before the end of that tenancy or licence the landlord is no longer
such a person (whether because of a transfer of title or because the
landlord ceases to fall within subsection (1)).

(2C)    But a tied pub tenant ceases to have “extended protection in relation to a
tied pub” on the earlier of—

(a)   the end of the tenancy or licence concerned, and

(b)   the conclusion of the first rent assessment or assessment of money
payable in lieu of rent to be provided after the landlord is no longer
a person who is a pub-owning business by virtue of subsection (1).

(2D)    The Secretary of State may for the purposes of subsections (2B) and (2C) by
regulations specify—

(a)   when a tenancy or licence ends;

(b)   when a rent assessment or assessment of money payable in lieu of
rent is concluded.

(2E)    Nothing in sections 43 to 45 and sections 53 to 59 has effect in relation to a
person who is a pub-owning business by virtue of subsection (2A).”

Clause 72

BARONESS NEVILLE-ROLFE

 

Page 53, line 25, after second “rent” insert “only”

 

Page 53, line 27, leave out “market rent option” and insert “MRO”

Clause 122

BARONESS NEVILLE-ROLFE

 

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

 

Page 98, line 32, leave out “of the”

 

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.”

 

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

 

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

 

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

 

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.”

 

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

 

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

 

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.”

 

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

 

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

 

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.”

 

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.””

Prepared 4th March 2015