(2) For this purpose, an employer makes work or services available to a
worker if the employer requests or requires the worker to do the work
or perform the services.

(3) Any provision of a zero hours contract which—

(a) 5prohibits the worker from doing work or performing services
under another contract or under any other arrangement, or

(b) prohibits the worker from doing so without the employer’s
consent,

is unenforceable against the worker.

(4) 10Subsection (3) is to be disregarded for the purposes of determining any
question whether a contract is a contract of employment or other
worker’s contract.

27B Power to make further provision in relation to zero hours workers

(1) The Secretary of State may by regulations make provision for the
15purpose of securing that zero hours workers, or any description of zero
hours workers, are not restricted by any provision or purported
provision of their contracts or arrangements with their employers from
doing any work otherwise than under those contracts or arrangements.

(2) In this section, “zero hours workers” means—

(a) 20employees or other workers who work under zero hours
contracts;

(b) individuals who work under non-contractual zero hours
arrangements;

(c) individuals who work under worker’s contracts of a kind
25specified by the regulations.

(3) The worker’s contracts which may be specified by virtue of subsection
(2)(c) are those in relation to which the Secretary of State considers it
appropriate for provision made by the regulations to apply, having
regard, in particular, to provision made by the worker’s contracts as to
30income, rate of pay or working hours.

(4) In this section “non-contractual zero hours arrangement” means an
arrangement other than a worker’s contract under which—

(a) an employer and an individual agree terms on which the
individual will do any work where the employer makes it
35available to the individual and the individual agrees to do it,
but

(b) the employer is not required to make any work available to the
individual, nor the individual required to accept it,

and in this section “employer”, in relation to a non-contractual zero
40hours arrangement, is to be read accordingly.

(5) Provision that may be made by regulations under subsection (1)
includes provision for—

(a) modifying—

(i) zero hours contracts;

(ii) 45non-contractual zero hours arrangements;

(iii) other worker’s contracts;

(b) imposing financial penalties on employers;

(c) requiring employers to pay compensation to zero hours
workers;

(d) conferring jurisdiction on employment tribunals;

(e) conferring rights on zero hours workers.

(6) 5Provision that may be made by virtue of subsection (5)(a) may, in
particular, include provision for exclusivity terms in prescribed
categories of worker’s contracts to be unenforceable, in cases in which
section 27A does not apply.

For this purpose an exclusivity term is any term by virtue of which a
10worker is restricted from doing any work otherwise than under the
worker’s contract.

(7) Regulations under this section may—

(a) make different provision for different purposes;

(b) make provision subject to exceptions.

(8) 15For the purposes of this section—

(a) “zero hours contract” has the same meaning as in section 27A;

(b) an employer makes work available to an individual if the
employer requests or requires the individual to do it;

(c) references to work and doing work include references to
20services and performing them.

(9) Nothing in this section is to be taken to affect any worker’s contract
except so far as any regulations made under this section expressly
apply in relation to it.”

(3) In section 236(3) (orders and regulations subject to affirmative procedure),
25after “made under section” insert “27B,”.

Public sector exit payments

152 Regulations in connection with public sector exit payments

(1) Regulations may make provision requiring the repayment of some or all of any
qualifying exit payment in prescribed circumstances (see section 153).

(2) 30The regulations may make such other provision in connection with qualifying
exit payments as the person making the regulations thinks fit.

(3) A qualifying exit payment is a payment of a prescribed description—

(a) made to an employee of a prescribed public sector authority in
consequence of the employee leaving employment, or

(b) 35made to a holder of a prescribed public sector office in consequence of
the office holder leaving office.

(4) The descriptions of payment which may be prescribed by virtue of subsection
(3) include—

(a) any payment on account of dismissal by reason of redundancy (read in
40accordance with section 139 of the Employment Rights Act 1996),

(b) any payment on voluntary exit,

(c) any payment to reduce or eliminate an actuarial reduction to a pension
on early retirement,

(d) any severance payment or other ex gratia payment,

(e) any payment in respect of an outstanding entitlement (such as to
annual leave or an allowance),

(f) any payment of compensation under the terms of a contract,

(g) any payment in lieu of notice, and

(h) 5any payment in the form of shares or share options.

(5) If more than one qualifying exit payment is payable to an employee or office
holder the provision made in the exit payments regulations is to apply in
relation to the aggregated payments.

(6) For the purposes of this section and sections 153 and 155—

• 10an “exit payee” is an employee or office holder to whom any qualifying
  exit payment is payable,

• the “exit payments regulations” are regulations under subsection (1),

• a “responsible authority” means an authority by which any qualifying exit
  payments are payable, and

• 15“prescribed” means prescribed by the exit payments regulations.

153 Section 152(1): further provision

(1) In making any provision by virtue of section 152(1), the exit payments
regulations may, in particular, require repayment where, within a prescribed
period, an exit payee becomes—

(a) 20an employee or a contractor of a prescribed public sector authority, or

(b) a holder of a prescribed public sector office.

(2) Subsection (3) applies if the exit payments regulations make provision as
mentioned in subsection (1).

(3) The exit payment regulations may, in particular, make provision—

(a) 25exempting an exit payee from the requirement to repay in the
prescribed circumstances;

(b) exempting some or all of a qualifying exit payment from that
requirement in the prescribed circumstances;

(c) for the amount required to be repaid to be tapered according to the time
30which has elapsed between an exit payee leaving employment or office
and the event mentioned in subsection (1);

(d) imposing duties, in connection with a qualifying exit payment, on—

(i) an exit payee,

(ii) a responsible authority, and

(iii) 35a subsequent authority;

(e) as to the arrangements required to be made by an exit payee to repay to
a responsible authority the amount of a qualifying exit payment
required to be repaid;

(f) for preventing an exit payee from becoming an employee or a
40contractor, or a holder of a public sector office, as mentioned in
subsection (1) until the arrangements required by virtue of paragraph
(e) have been made;

(g) as to the consequences of an exit payee failing to repay the amount
required to be repaid (including the dismissal of the exit payee).

(4) 45In subsection (3)(d)(iii) a “subsequent authority” means—

(a) in relation to an exit payee who becomes an employee or a contractor,
a public sector authority of which the exit payee becomes an employee
or a contractor, or

(b) in relation to an exit payee who becomes a holder of a public sector
5office, an authority which is responsible for the appointment.

(5) For the purposes of this section an exit payee becomes a contractor of a public
sector authority if the exit payee provides services to the authority under a
contract for services.

154 Power to make regulations to be exercisable by the Treasury or Scottish
10Ministers

(1) The power to make regulations under section 152(1) is exercisable—

(a) by the Scottish Ministers in relation to payments made by a relevant
Scottish authority;

(b) by the Treasury in relation to any other payments,

15(but this subsection is subject to subsection (2)).

(2) Where the relevant Scottish authority is the Scottish Administration the power
to make regulations under section 152(1) is exercisable by the Treasury (instead
of the Scottish Ministers) in relation to payments made to—

(a) the holders of offices in the Scottish Administration which are not
20ministerial offices (read in accordance with section 126(8) of the
Scotland Act 1998), and

(b) the members of the staff of the Scottish Administration (read in
accordance with section 126(7)(b) of that Act).

(3) In this section “relevant Scottish authority” means an authority which wholly
25or mainly exercises functions which would be within devolved competence
(within the meaning of section 54 of the Scotland Act 1998).

(4) Regulations under section 152(1)—

(a) if made by the Treasury, are subject to negative resolution procedure;

(b) if made by the Scottish Ministers, are subject to the negative procedure.

155 30Power of Secretary of State to waive repayment requirement

(1) The Secretary of State may waive the whole or any part of any repayment
required by regulations made by the Treasury under section 152(1).

(2) The Scottish Ministers may waive the whole or any part of any repayment
required by regulations made by the Scottish Ministers under section 152(1).

(3) 35A waiver may be given in respect of—

(a) a particular exit payee, or

(b) a description of exit payees.

(4) The exit payments regulations made by the Treasury may—

(a) make provision for the power under subsection (1) to be exercisable on
40behalf of the Secretary of State by a prescribed person,

(b) make provision for a waiver to be given only—

(i) with the consent of the Treasury, or

(ii) following compliance with any directions given by the
Treasury, and

(c) make provision as to the publication of information about any waivers
given.

(5) The exit payments regulations made by the Scottish Ministers may—

(a) make provision for the power under subsection (2) to be exercisable on
5behalf of the Scottish Ministers by a prescribed person,

(b) make provision for a waiver to be given only—

(i) with the consent of the Scottish Ministers, or

(ii) following compliance with any directions given by the Scottish
Ministers,

10(where provision is made by virtue of paragraph (a)), and

(c) make provision as to the publication of information about any waivers
given.

(6) The exit payments regulations made by the Treasury may make provision for
the power conferred on the Secretary of State by subsection (1) to be exercised
15instead—

(a) by the Department of Finance and Personnel in Northern Ireland, in
relation to qualifying exit payments made by responsible authorities
who wholly or mainly exercise functions which could be conferred by
provision included in an Act of the Northern Ireland Assembly made
20without the consent of the Secretary of State (see sections 6 to 8 of the
Northern Ireland Act 1998);

(b) by the Welsh Ministers, in relation to qualifying exit payments made by
responsible authorities who wholly or mainly exercise functions which
could be conferred by provision falling within the legislative
25competence of the National Assembly for Wales (as defined in section
108 of the Government of Wales Act 2006).

Part 12 General

156 Consequential amendments, repeals and revocations

(1) 30A Minister of the Crown may by regulations make such provision as the
Minister considers appropriate in consequence of this Act (other than sections
35 and 36 as they apply in Wales).

(2) The power conferred by subsection (1) includes power—

(a) to make transitional, transitory or saving provision;

(b) 35to amend, repeal, revoke or otherwise modify any provision made by
or under an enactment (including an enactment contained in this Act
and any enactment passed or made in the same Session as this Act).

(3) Subject to subsection (4)(b), regulations under subsection (1) which amend,
repeal or revoke any provision of primary legislation are subject to affirmative
40resolution procedure.

(4) Regulations under subsection (1) which—

(a) do not amend, repeal or revoke any provision of primary legislation, or

(b) amend, repeal or revoke any provision of primary legislation only in
connection with there ceasing to be any share warrants (see section 84),

45are subject to negative resolution procedure.

(5) The Welsh Ministers may by regulations make such provision as they consider
appropriate in consequence of section 35 or 36 as it applies in Wales.

(6) The power conferred by subsection (5) includes power—

(a) to make transitional, transitory or saving provision;

(b) 5to amend, repeal, revoke or otherwise modify any provision made by
or under any Act (including this Act and any Act passed in the same
Session as this Act) or any Measure or Act of the National Assembly for
Wales.

(7) A statutory instrument containing regulations under subsection (5) which
10amend or repeal an Act or a Measure or Act of the National Assembly for
Wales may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, the National Assembly for Wales.

(8) A statutory instrument containing regulations under subsection (5), other than
a statutory instrument within subsection (7), is subject to annulment in
15pursuance of a resolution of the National Assembly for Wales.

(9) In this Part—

• “enactment” includes an Act of the Scottish Parliament, a Measure or Act
  of the National Assembly for Wales and Northern Ireland legislation;

• “Minister of the Crown” has the same meaning as in the Ministers of the
  20Crown Act 1975;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  25Northern Ireland legislation.

157 Fines on summary conviction in England and Wales: transitory provision

(1) Subsection (2) applies to any provision of this Act that provides that a person
guilty of an offence triable either way is liable on summary conviction in
England and Wales to a fine.

(2) 30In relation to an offence committed before section 85(1) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference to a fine is to be read as a reference to a fine not exceeding the
statutory maximum.

(3) After section 1131 of the Companies Act 2006 insert—

“1131A 35 Fines on summary conviction in England and Wales: transitory
provision

(1) In relation to an offence committed before section 85(1) of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 comes into
force, in the provisions mentioned in subsection (2), “a fine” is to is to
40be read as “a fine not exceeding level 5 on the standard scale”.

(2) The provisions are—

(a) section 156A(7)(a);

(b) section 167D(5)(a);

(c) section 279D(5)(a);

(d) 45section 853L(2)(a).

(3) In relation to an offence committed before section 85(1) of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 comes into
force, in the provisions mentioned in subsection (4), “a fine” is to be
read as “a fine not exceeding the statutory maximum”.

(4) 5The provisions are—

(a) section 790F(2)(b)(i);

(b) section 790R(3)(b)(i);

(c) section 1028A(11)(b)(i);

(d) section 1032A(12)(b)(i);

(e) 10paragraphs 7(1)(b)(i), 13(4)(b)(i) and 14(3)(b)(i) of Schedule 1B.”

158 Transitional, transitory or saving provision

(1) A Minister of the Crown may by regulations make such transitional, transitory
or saving provision as the Minister considers appropriate in connection with
the coming into force of this Act (other than sections 35 and 36 as they apply in
15Wales).

(2) The Welsh Ministers may by regulations make such transitional, transitory or
saving provision as they consider appropriate in connection with the coming
into force of section 35 or 36 as it applies in Wales.

159 Supplementary provision about regulations

(1) 20Regulations under this Act, other than regulations made by the Scottish
Ministers under section 1 or 152(1), are to be made by statutory instrument.

(2) Regulations under this Act may—

(a) make different provision for different purposes or cases;

(b) make different provision for different areas;

(c) 25make provision generally or for specific cases;

(d) make provision subject to exceptions;

(e) make incidental, supplementary, consequential, transitional or
transitory provision or savings.

(3) Where regulations under this Act are subject to “negative resolution
30procedure” the statutory instrument containing the regulations is subject to
annulment in pursuance of a resolution of either House of Parliament.

(4) Where regulations under this Act are subject to “affirmative resolution
procedure” the regulations may not be made unless a draft of the statutory
instrument containing them has been laid before Parliament and approved by
35a resolution of each House of Parliament.

(5) Any provision that may be made by regulations under this Act for which no
Parliamentary procedure is prescribed may be made by regulations subject to
negative or affirmative resolution procedure.

(6) Any provision that may be made by regulations under this Act subject to
40negative resolution procedure may be made by regulations subject to
affirmative resolution procedure.

160 Financial provisions

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, and

(b) 5any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

161 Extent

(1) Subject to subsections (2) to (4), this Act extends to England and Wales,
Scotland and Northern Ireland.

(2) 10Any amendment, repeal or revocation made by this Act has the same extent as
the enactment amended, repealed or revoked, except the amendments made
by sections 113 and 114, which extend as mentioned in subsection (1).

(3) Part

4

15 extends to England and Wales only.

(4) In Part

10

, sections 144 to 146 and Schedule 11 extend to England and Wales
and Scotland only.

162 20Commencement

(1) The provisions of this Act come into force on such day as a Minister of the
Crown may by regulations appoint, subject to subsections (2) to (5).

(2) The following provisions of this Act come into force on the day this Act is
passed—

(a) 25in Part

1

, sections 4 to 7 (regulations about financial information on
small and medium sized businesses);

(b) in Part

303

, section 39 (regulations about procurement);

(c) in Part 5, section 74 (funding for free of charge early years provision);

(d) in Part

11

35, section 149 (employment tribunal procedure regulations:
postponements);

(e) this Part.

(3) The following provisions of this Act come into force at the end of the period of
two months beginning with the day on which this Act is passed—

(a) 40in Part

1

—

(i) sections 1 and 2 (power to invalidate certain restrictive terms of
business contracts),

(ii) 45section 3 (companies: duty to publish report on payment
practices),

(iii) sections 8 and 9 (VAT registration information),

(iv) sections 10 to 12 (exports), and

(v) section 14 (powers of the Payment Systems Regulator);

(b) 50in Part

2

—

(i) sections 15 and 16 (streamlined company registration),

(ii) sections 21 to 27 (business impact target), and

(iii) 55section 37 (CMA to publish recommendations on proposals for
Westminster legislation);

(c) in Part

3

, section 40 (investigation of procurement functions);

(d) 60in Part

4

—

(i) sections 42 to 44 (the Pubs Code), and

(ii) sections 68 to 73 (Part 4: supplementary);

(e) in Part

5

5, section 75 (exemption from requirement to register as early
years provider);

(f) Part

6

;

(g) 10in Part

7

—

(i) section 83 (amendment of section 813 of the Companies Act
2006),

(ii) 15sections 84 to 86 and Schedule 4 (abolition of share warrants to
bearer), and

(iii) sections 89 to 91 (shadow directors);

(h) in Part

8

20—

(i) section 95 (recording of optional information on register),

(ii) section 99 (address of company registered office);

(i) in Part

10

25—

(i) sections 120 and 121 (removing requirements to seek sanction),

(ii) sections 127 to 130 (administration),

(iii) sections 131 and 132 (small debts),

(iv) sections 134 and 135 (voluntary arrangements), and

(v) 30section 136 (voluntary winding-up: progress reports).

(4) Section 13 (electronic paying in of cheques etc) comes into force—

(a) on the day this Act is passed, for the purpose of enabling the making of
regulations under section 89D of the Bills of Exchange Act 1882 (as
inserted by section 13);

(b) 35on 31 July 2016, for all other purposes.

(5) Sections 35 and 36 as they apply in Wales come into force on such day as the
Welsh Ministers may by regulations appoint.

(6) Before making regulations under subsection (1) in relation to section 112 and
Schedule 8, the Secretary of State must consult the Department of Enterprise,
40Trade and Investment in Northern Ireland.

163 Short title

This Act may be cited as the Small Business, Enterprise and Employment Act
2015.

SCHEDULES

Section 41

SCHEDULE 1 The Pubs Code Adjudicator

Part 1 5The Pubs Code Adjudicator

Status

1 The Adjudicator is a corporation sole.

2 The Adjudicator carries out functions on behalf of the Crown.

Appointment

3 10The Adjudicator is to be appointed by the Secretary of State.

Deputy Adjudicator

4 The Secretary of State may appoint a Deputy Adjudicator.

5 The Deputy Adjudicator may carry out any of the Adjudicator’s functions.

Term of office etc

6 15A person holds and vacates office as the Adjudicator or Deputy Adjudicator
in accordance with the terms of the appointment, but—

(a) the initial term of office may not be more than 4 years,

(b) a person may be appointed for no more than 2 further terms of office,

(c) a further term may not be more than 3 years,

(d) 20the person may resign by giving written notice to the Secretary of
State, and

(e) the Secretary of State may dismiss the person if satisfied that the
person is unable, unwilling or unfit to perform the person’s
functions.

7 25Service as the Adjudicator, or as the Deputy Adjudicator, is not service in the
civil service of the state.

Remuneration

8 (1) The Adjudicator may pay to or in respect of the person holding office as the
Adjudicator or Deputy Adjudicator—

(a) 30remuneration;