64 Loans by Secretary of State

The Secretary of State may make loans to the Adjudicator.

Supervision of Adjudicator

65 Review of Adjudicator and guidance from Secretary of State

(1) 5The Secretary of State must review the Adjudicator’s performance for each
review period.

(2) The first review period is the period beginning on the day on which section 41
comes into force and ending 2 years after the following 31 March.

(3) Subsequent review periods are each successive period of 3 years after the first
10review period.

(4) A review must, in particular, assess how effective the Adjudicator has been in
enforcing the Pubs Code.

(5) A review may consider whether it would be desirable to amend or replace any
regulations for the time being in force under section 51(2) or (7) or 58(6).

(6) 15As soon as practicable after a review period, the Secretary of State must—

(a) publish a report of the findings of the review for that period, and

(b) lay a copy of the report before Parliament.

(7) As a result of the findings of a review, the Secretary of State may give guidance
to the Adjudicator about any matter relating to the Adjudicator’s functions.

(8) 20The Adjudicator must take account of the guidance in carrying out functions.

66 Abolition of Adjudicator

(1) The Secretary of State may by regulations abolish the Adjudicator—

(a) if, as a result of the findings of a review, the Secretary of State is
satisfied that the Adjudicator has not been sufficiently effective in
25securing compliance with the Pubs Code to justify the continued
existence of an Adjudicator,

(b) if, as a result of the findings of a review, the Secretary of State is
satisfied that it is no longer necessary for there to be an Adjudicator to
secure compliance with the Pubs Code, or

(c) 30if the Pubs Code is revoked and not replaced.

(2) The regulations may include provision transferring the Adjudicator’s
property, rights and liabilities.

(3) For the purpose of giving effect to the abolition of the Adjudicator, the
regulations may amend or repeal this Part or any other enactment, including
35an enactment comprised in subordinate legislation within the meaning of the
Interpretation Act 1978.

67 Information to Secretary of State

The Secretary of State may require the Adjudicator to provide information to
assist the Secretary of State in carrying out functions under this Part.

Supplementary

68 “Tied pub”

(1) In this Part a “tied pub” means premises in relation to which conditions A to D
are met.

(2) 5Condition A is that the premises have a premises licence authorising the retail
sale of alcohol for consumption on the premises.

(3) Condition B is that the main activity or one of the main activities carried on at
the premises is the retail sale of alcohol to members of the public for
consumption on the premises.

(4) 10Condition C is that the premises are occupied under a tenancy or licence.

(5) Condition D is that the tenant or licensee of the premises is subject to a
contractual obligation that some or all of the alcohol to be sold at the premises
is supplied by—

(a) the landlord or a person who is a group undertaking in relation to the
15landlord, or

(b) a person nominated by the landlord or by a person who is a group
undertaking in relation to the landlord.

(6) But condition D is not met if the contractual obligation is a stocking
requirement.

(7) 20The contractual obligation is a stocking requirement if—

(a) it relates only to beer or cider (or both) produced by the landlord or by
a person who is a group undertaking in relation to the landlord,

(b) it does not require the tied pub tenant to procure the beer or cider from
any particular supplier, and

(c) 25it does not prevent the tied pub tenant from selling at the premises beer
or cider produced by a person not mentioned in paragraph (a).

(8) In subsection (7), “beer” and “cider” have the same meanings as in the
Alcoholic Liquor Duties Act 1979 (see section 1 of that Act).

(9) In this section—

• 30“alcohol” has the meaning given by section 191 of the Licensing Act 2003;

• “premises licence” has the same meaning as in that Act.

69 “Pub-owning business”

(1) A person is a “pub-owning business” for the purposes of this Part—

(a) in the period beginning with the day on which the Pubs Code comes
35into force and ending with the following 31 March, if immediately
before the Pubs Code comes into force the person was the landlord of
500 or more tied pubs;

(b) in any subsequent financial year, if for a period of at least 6 months in
the previous financial year the person was the landlord of 500 or more
40tied pubs.

(2) For the purposes of calculating the number of tied pubs of which a person (“L”)
is the landlord, any tied pub the landlord of which is a person who is a group
undertaking in relation to L is treated as a tied pub of which L is the landlord.

(3) The Secretary of State may by regulations specify circumstances in which a
person who is a group undertaking in relation to a pub-owning business—

(a) is to be treated, or

(b) may if the Adjudicator so determines be treated,

5as a pub-owning business (as well as or instead of any other person) for the
purposes of any provision of or made under this Part.

(4) The Secretary of State may by regulations—

(a) amend subsection (1)(a) or (b) so as to substitute a different number of
tied pubs, or a different period, from the number or period for the time
10being specified there,

(b) make provision in relation to the calculation of the number of tied pubs,
whether by amending subsection (2) or otherwise.

70 “Tied pub tenant”, “landlord”, “tenancy” and “licence”

(1) In this Part a “tied pub tenant” means a person—

(a) 15who is the tenant or licensee of a tied pub, or

(b) who is a party to negotiations relating to the prospective tenancy of or
licence to occupy premises which are, or on completion of the
negotiations are expected to be, a tied pub.

(2) In this Part—

• 20“landlord” means—

  (a)

  in relation to a tied pub occupied under a tenancy, the
  immediate landlord, or

  (b)

  in relation to a tied pub occupied under a licence, the licensor;

• “licence” means a licence to occupy premises; and “licensee” is to be
  25construed accordingly;

• “tenancy” means a tenancy created either immediately or derivatively out
  of the freehold, whether—

  (a)

  by a lease or sub-lease,

  (b)

  by an agreement for a lease or sub-lease,

  (c)

  30by a tenancy agreement or sub-tenancy agreement, or

  (d)

  in pursuance of a provision of, or made under, an Act,

  and includes a tenancy at will.

(3) Where two or more persons jointly constitute either the landlord or the tied
pub tenant, any reference in this Part to the landlord or to the tied pub tenant
35is a reference to both or all of the persons who jointly constitute the landlord or
the tied pub tenant, as the case may require.

71 Power to grant exemptions from Pubs Code

(1) The Secretary of State may by regulations provide that the Pubs Code does not,
or specified provisions of the Pubs Code do not, apply in relation to—

(a) 40the dealings of pub-owning businesses—

(i) with tied pub tenants of a specified description, or

(ii) in relation to tied pubs of a specified description;

(b) the dealings of a specified pub-owning business or pub-owning
businesses of a specified description—

(i) with their tied pub tenants or tied pub tenants of a specified
description, or

(ii) in relation to their tied pubs or tied pubs of a specified
description.

(2) 5Regulations under subsection (1) may, in particular, specify a description of
pub-owning businesses or tied pub tenants by reference to—

(a) the nature of the tenancy or licence, or

(b) the nature of any other contractual agreement entered (or to be entered)
into by the tied pub tenant with the pub-owning business, or a person
10nominated by that business, in connection with the tenancy or licence.

(3) The regulations may provide for circumstances in which a tied pub of a
specified description is to be disregarded for the purposes of determining
under section 69 whether a person is a pub-owning business.

(4) In this section “specified” means specified in regulations.

72 15Interpretation: other provision

(1) In this Part—

• “the Adjudicator” means the Pubs Code Adjudicator;

• “arbitration agreement” has the same meaning as in section 6 of the
  Arbitration Act 1996;

• 20“financial year” means a period of 12 months beginning with 1 April and
  ending on 31 March;

• “group undertaking” has the meaning given by section 1161 of the
  Companies Act 2006;

• “independent assessor” has the meaning given by section 44;

• 25“market rent” and “market rent option” have the meanings given by
  section 43;

• “market rent option procedure” has the meaning given by section 44;

• “MRO-compliant”, in relation to a tenancy or licence, has the meaning
  given by section 43;

• 30“parallel rent assessment” has such meaning as may be prescribed in
  regulations made by the Secretary of State;

• “product or service tie” means a product tie or a service tie;

• “product tie” means any contractual obligation, other than a stocking
  requirement, of a tied pub tenant that a product to be sold at the tied
  35pub must be supplied by—

  (a)

  the landlord of the tied pub or a person who is a group
  undertaking in relation to the landlord, or

  (b)

  a person nominated by the landlord or by a person who is
  group undertaking in relation to the landlord;

• 40“the Pubs Code” means the regulations under section 42;

• “service tie” means any contractual obligation of a tied pub tenant to
  receive a service supplied by—

  (a)

  the landlord of the tied pub or a person who is a group
  undertaking in relation to the landlord, or

  (b)

  45a person nominated by the landlord or by a person who is a
  group undertaking in relation to the landlord;

• “stocking requirement” has the meaning given by section 68.

(2) In this Part, references to “rent”, in relation to a licence to occupy, are to be read
as references to the fee payable in respect of the licence.

73 Regulations under this Part

(1) Subject to subsection (2), regulations under this Part are subject to affirmative
5resolution procedure.

(2) Regulations under section 66(1)(c) are subject to negative resolution procedure.

(3) If a draft of an instrument containing regulations under section 71 would, apart
from this subsection, be treated for the purposes of the Standing Orders of
either House of Parliament as a hybrid instrument, it is to proceed as if it were
10not such an instrument.

Part 5 Childcare and schools

74 Funding for free of charge early years provision

(1) In section 13A of the Childcare Act 2006 (supply of information: free of charge
15early years provision)—

(a) in subsection (3), after “provision” insert “or for funding related to free
of charge early years provision”;

(b) in subsection (6), after “provision” insert “or for funding related to free
of charge early years provision”.

(2) 20In section 13B of that Act (unauthorised disclosure of information received
under section 13A), in subsection (2)(b), after “provision” insert “or for funding
related to free of charge early years provision”.

75 Exemption from requirement to register as early years provider

(1) In section 34(2) of the Childcare Act 2006 (requirement to register as early years
25provider) for “three” substitute “two”.

(2) In section 40(1)(b) of that Act (duty to implement Early Years Foundation
Stage) for “3” substitute “2”.

(3) In section 63(3) of that Act (applications for registration on the general
register)—

(a) 30in the words before paragraph (a), for “three” substitute “two”;

(b) in paragraph (c) (as it has effect prior to the coming into force of
paragraph 35(4) of Schedule 1 to the Education and Skills Act 2008) for
“three” substitute “two”.

(4) In section 99(1)(b) of that Act (provision of information about young children:
35England) for “3” substitute “2”.

(5) In section 157(2)(b) of the Education Act 2002 (independent school standards),
(as that provision has effect until the repeal by paragraph 16 of Schedule 1 to
the Education and Skills Act 2008 comes into force) for “three” substitute
“two”.

(6) 40In section 94(5)(b) of the Education and Skills Act 2008 (independent
educational institution standards) for “three” substitute “two”.

76 Childminding other than on domestic premises

(1) Section 96 of the Childcare Act 2006 (meaning of early years and later years
provision etc.) is amended in accordance with subsections (2) to (5).

(2) In subsection (4) (definition of “early years childminding”)—

(a) 5omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on
domestic premises”.

(3) In subsection (5) (exception to subsection (4))—

(a) for “on domestic premises for reward” substitute “which would
10otherwise fall within subsection (4)”, and

(b) omit “on the premises”.

(4) In subsection (8) (definition of “later years childminding”)—

(a) omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on
15domestic premises”.

(5) In subsection (9) (exception to subsection (8))—

(a) for “on domestic premises for reward” substitute “which would
otherwise fall within subsection (8)”, and

(b) omit “on the premises”.

(6) 20In section 34 of that Act (requirement to register: other early years providers)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to early years
provision—

(a) if it is early years childminding in respect of which the
25person providing it is required to be registered under
section 33(1), or

(b) if it would be early years childminding but for section
96(5) and in respect of which the person providing it is
required to be registered under subsection (1A).”, and

(b) 30in subsection (1A) omit “on domestic premises”.

(7) In section 53 of that Act (requirement to register: other later years providers)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to later years
provision—

(a) 35if it is later years childminding in respect of which the
person providing it is required to be registered under
section 52(1), or

(b) if it would be later years childminding but for section
96(9) and in respect of which the person providing it is
40required to be registered under subsection (1A).”, and

(b) in subsection (1A) omit “on domestic premises”.

77 Registration of childcare: premises

Schedule 2 makes amendments for the purpose of removing the requirement
for certain childcare providers to be registered under the Childcare Act 2006 in
respect of each premises from which they operate.

5Part 6 Education evaluation

78 Assessments of effectiveness

(1) Part 3 of the Education and Skills Act 2008 is amended as follows.

(2) In section 87 (benefit and training information)—

(a) 10in each of subsections (2)(a) and (3)(a) omit “who has attained the age
of 19”;

(b) in subsection (3)(c) omit “(whether before or after the individual
attained the age of 19)”;

(c) in subsection (4)(a) omit “provided for persons who have attained the
15age of 19”;

(d) in subsection (4)(b) and (c) omit “such”, in each place.

(3) Omit section 91(6) (references to training or education do not include
references to higher education).

(4) In consequence of the amendments made by subsections (1) to (3)—

(a) 20for the Part heading substitute “Assessments of effectiveness of
education and training etc”;

(b) omit the italic heading before section 87.

79 Qualifications

(1) After section 253 of the Apprenticeships, Skills, Children and Learning Act
252009 insert—

“Qualifications

253A Qualifications

(1) A person in England may, in prescribed circumstances, provide
student information of a prescribed description to—

(a) 30the Secretary of State,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(2) A person in Wales may, in prescribed circumstances, provide student
35information of a prescribed description to—

(a) the Welsh Ministers,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(3) In subsection (2) “prescribed” means prescribed in regulations made by
the Welsh Ministers.

(4) Subject to subsection (5)(a), information received under or by virtue of
this section is not to be published in any form which identifies the
5individual to whom it relates.

(5) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) is subject to any express restriction on the provision of
10information imposed by another enactment.

(6) In this section—

• “information collator” means any body which, for the purposes of
  or in connection with functions of the Secretary of State or the
  Welsh Ministers, is responsible for collating or checking
  15information relating to regulated qualifications or relevant
  qualifications;

• “regulated qualification” has the meaning given by section 130(1);

• “relevant qualification” has the meaning given by section 30(5) of
  the Education Act 1997;

• 20“student information” means information (whether obtained
  under this section or otherwise) relating to an individual who is
  seeking or has sought to obtain, or has obtained, a regulated
  qualification or a relevant qualification”.

(2) In section 262 of the Apprenticeships, Skills, Children and Learning Act 2009
25(orders and regulations)—

(a) in subsection (1) (orders and regulations to be made by statutory
instrument etc) after “Part 3 or 4” insert “, or section 253A”, and

(b) in subsection (9) (statutory instruments which are subject to annulment
in pursuance of a resolution of the National Assembly for Wales if
30containing regulations etc made by the Welsh Ministers) for “or 107”
substitute “, 107 or 253A”.

80 Destinations

Before section 50 of the Further and Higher Education Act 1992 insert—

“49B Destinations

(1) 35The Secretary of State may provide destination information to the
governing body of an institution in England within the further
education sector.

(2) The Welsh Ministers may provide destination information to the
governing body of an institution in Wales within the further education
40sector.

(3) In this section “destination information”, in relation to an institution,
means information which—

(a) relates to a former student of the institution, and

(b) includes information as to prescribed activities of the former
45student after leaving the institution.

(4) Regulations under subsection (3)(b) which prescribe activities as to
which the Welsh Ministers may provide information are to be made by
the Welsh Ministers.

(5) Subject to subsection (6)(a), information received under this section is
5not to be published in any form which identifies the individual to
whom it relates.

(6) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) 10is subject to any express restriction on the provision of
information imposed by another enactment.”

Part 7 Companies: Transparency

Register of people with significant control

81 15Register of people with significant control

Schedule 3 amends the Companies Act 2006 to require companies to keep a
register of people who have significant control over the company.

82 Review of provisions about PSC registers

(1) The Secretary of State must before the end of the review period—

(a) 20carry out a review of Part 21A of the Companies Act 2006 (inserted by
Schedule 3 to this Act) and of other provisions of the Companies Act
2006 inserted by this Act that relate to that Part, and

(b) prepare and publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) 25set out the objectives intended to be achieved by the provisions of the
Companies Act 2006 mentioned in subsection (1)(a),

(b) assess the extent to which those objectives have been achieved, and

(c) assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved in another way that imposed
30less regulation.

(3) The Secretary of State must lay the report before Parliament.

(4) The “review period” is the period of 3 years beginning with the day on which
section 92 (duty to deliver confirmation statement instead of annual return)
comes into force.

35Register of interests disclosed

83 Amendment of section 813 of the Companies Act 2006

In section 813 of the Companies Act 2006 (register of interests disclosed: refusal
of inspection or default in providing copy), in subsection (1), for the words “an
order of the court” substitute “section 812”.

Abolition of share warrants to bearer

84 Abolition of share warrants to bearer

(1) In section 779 of the Companies Act 2006 (issue and effect of share warrant to
bearer), after subsection (3) insert—

“(4) 5No share warrant may be issued by a company (irrespective of whether
its articles purport to authorise it to do so) on or after the day on which
section 84 of the Small Business, Enterprise and Employment Act 2015
comes into force.”

(2) For the heading of that section substitute “Prohibition on issue of new share
10warrants and effect of existing share warrants”.

(3) Schedule 4—

(a) makes provision for arrangements by which share warrants issued
before this section comes into force are to be converted into registered
shares or cancelled, and

(b) 15makes amendments consequential on that provision.

85 Amendment of company’s articles to reflect abolition of share warrants

(1) This section applies in the case of a company limited by shares if, immediately
before the day on which section 84 comes into force, the company’s articles
contain provision authorising the company to issue share warrants (“the
20offending provision”).

(2) The company may amend its articles for the purpose of removing the
offending provision—

(a) without having passed a special resolution as required by section 21 of
the Companies Act 2006;

(b) 25without complying with any provision for entrenchment which is
relevant to the offending provision (see section 22 of that Act).

(3) Section 26 of the Companies Act 2006 sets out the duty of a company to send
the registrar a copy of its articles where they have been amended.

(4) Expressions defined for the purposes of the Companies Act 2006 have the same
30meaning in this section as in that Act.

86 Review of section 84

(1) The Secretary of State must, as soon as reasonably practicable after the end of
the period of 5 years beginning with the day on which section 84 comes into
force—

(a) 35carry out a review of section 84, and

(b) prepare and publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the section, and

(b) assess the extent to which those objectives have been achieved.

(3) 40The Secretary of State must lay the report before Parliament.