Enterprise Bill [HL]

third
marshalled
list of Amendments
to be moved
in grand committee

The amendments have been marshalled in accordance with the Instruction of 22nd October 2015, as follows—

Schedule 3
Clauses 18 to 26
Schedule 4
Clauses 27 to 31
Title

[Amendments marked * are new or have been altered]

Clause 18

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

49DA*

Page 33, leave out lines 41 and 42

BARONESS SHARP OF GUILDFORD

LORD STONEHAM OF DROXFORD

49E

Page 33, line 42, at end insert—

“( )     The apprenticeship targets set for prescribed public bodies under
subsection (1) may include apprenticeship agreements entered into
by sub-contractors working for the prescribed public body.

( )     The prescribed public body may in turn set apprenticeship targets
for their sub-contractors.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

49EA*

Page 33, line 42, at end insert—

“( )     The Secretary of State may by regulations set apprenticeship targets
for all companies established or operating within the United
Kingdom.”

49EB*

Page 34, line 1, leave out “, is a target relating to the number of persons
(“apprentices”)” and insert “and company, is a target relating to the number of
persons (“apprentices”) in high quality and high level skill apprenticeships”

BARONESS SHARP OF GUILDFORD

LORD STONEHAM OF DROXFORD

49F

Page 34, line 3, at end insert—

“( )     An apprenticeship target shall specify what proportion of the
number referred to in subsection (2) is to be reserved for
apprenticeships for young people—

(a)   who were looked after children; and

(b)   who need help with physical or learning disabilities.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

49G*

Page 34, line 11, at end insert—

“( )     The Secretary of State may by regulations require a public body or
private body to pay the living wage to those who have an
apprenticeship.”

49H*

Page 34, line 20, at end insert—

“( )     The Secretary of State may by regulations require apprenticeship
training to be in place for managers who supervise the
apprenticeship programme of the relevant public body or
company.”

49J*

Page 34, line 20, at end insert—

“( )     One year after this section comes into force, the Secretary of State
shall publish a report on the impact of any apprenticeships levy
associated with the new target in subsection (1) on the—

(a)   quantity and quality of the apprenticeship scheme offered
by public bodies and companies, and

(b)   the impact on existing funding for training designed for
non-apprenticeship trainees.”

LORD STONEHAM OF DROXFORD

LORD HODGSON OF ASTLEY ABBOTTS

BARONESS SHARP OF GUILDFORD

BARONESS WARWICK OF UNDERCLIFFE

50

Page 34, leave out lines 30 to 32

BARONESS SHARP OF GUILDFORD

LORD STONEHAM OF DROXFORD

50A

Page 34, line 32, at end insert—

  ““sub-contractors” means any person or body corporate who
supplies goods or services to the prescribed public body”

LORD HODGSON OF ASTLEY ABBOTTS

50AA

Page 34, line 32, at end insert—

“( )     The Secretary of State must, as soon as possible and no later than 12
months after the day on which this Act is passed, make regulations
specifying further minimum standards for an apprenticeship
agreement within the meaning of subsection (7).

( )     The Secretary of State must consult such persons as the Secretary of
State considers appropriate on the details of such regulations, prior
to publication.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

50AB*

Page 34, line 34, after “body” insert “and company”

50AC*

Page 34, line 45, at end insert—

“( )   the number of female and male apprenticeships who began
work for the body in that period;

( )   the number of apprenticeships who began work for the
body in that period from an ethnic minority background;

( )   the number of apprentices who left apprenticeship
programmes before their completion to join a university or
other academic course;

( )   the number of apprenticeships that led to permanent jobs
within the relevant body;

( )   the academic entrance requirements listed for
apprenticeship recruitment purposes.”

BARONESS SHARP OF GUILDFORD

LORD STONEHAM OF DROXFORD

50B

Page 35, line 42, at end insert—

“A10A           Public sector support to help establish apprenticeships in small
businesses

(1)     The Secretary of State, acting in conjunction with the Small Business
Commissioner, may by regulations require a prescribed public
body to provide arrangements which facilitate small businesses (as
defined in section 2 of the Enterprise Act 2015) entering into
apprenticeship agreements.

(2)     The arrangements specified in subsection (1) may require the
prescribed public body to provide resources on an interim basis to
help the small businesses establish a joint body to oversee and
manage the negotiation of apprenticeship agreements which meet
the conditions set out in section A1(3)(a) and (b), and to ensure that
the terms of the agreements are adhered to.

(3)     Any resources provided under the terms of subsection (2) shall be
for a specified period.”

Clause 19

LORD STONEHAM OF DROXFORD

BARONESS SHARP OF GUILDFORD

51

Page 36, line 10, at end insert—

“( )     In describing an apprenticeship that is a statutory apprenticeship
scheme, P must also stipulate whether the apprenticeship is a
higher level apprenticeship or not.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

51ZA*

Page 37, leave out lines 1 to 8

BARONESS SHARP OF GUILDFORD

LORD STONEHAM OF DROXFORD

51A

Page 37, line 1, leave out “weights and measures authority” and insert “enterprise
partnership”

After Clause 19

LORD STONEHAM OF DROXFORD

BARONESS SHARP OF GUILDFORD

52

Insert the following new Clause—

“Review of state support for apprenticeships

(1)     Within 12 months of the coming into force of this Part, the Secretary of State
must publish a report on—

(a)   the level of government support provided to fund apprenticeship
schemes in England and Wales,

(b)   the impact of funding apprenticeships on private sector enterprise,
and

(c)   the levels of apprenticeship starts and age of those entering into
apprenticeships.

(2)     A report under subsection (1) must include, in particular, analysis of the
impact of placing a levy on business to fund apprenticeships.

(3)     The report to be published under subsection (1) must be laid before each
House of Parliament.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

52ZA*

Insert the following new Clause—

“Insolvency: pre-packs

Where a company enters pre-pack proceedings the following conditions
must be met in order to protect the company’s creditors—

(a)   the owners of the company must approach the company’s investors
for approval prior to entering any pre-pack proceedings;

(b)   any personnel advising on pre-pack proceedings shall not become
the administrator in subsequent pre-pack sales;

(c)   any administrator undertaking a proposed pre-pack sale to
connected parties must justify that the prospective sale price
represents the best value for creditors; and

(d)   the administrator must make provision for at least three days’
notice to be given to creditors of the terms of any such proposed
sale if there has been no open marketing of the assets.”

52ZB*

Insert the following new Clause—

“Insolvency: protection of small business contractors

Where a company enters insolvency proceedings the company’s directors
shall not refer employees to the government’s statutory redundancy
scheme unless, if the company’s workforce includes contracted small
businesses, the directors and investors of the company have prioritised
outstanding payments to those businesses.”

52ZC*

Insert the following new Clause—

“Takeovers and mergers

(1)     Where proceedings for a merger, takeover or significant transaction begin,
there shall be a duty—

(a)   on all publicly listed companies to provide a comprehensive
statement on how the best interests of the offeree company will be
maintained in relation to the merger, takeover or significant
transaction;

(b)   in relation to any purchase or sale of a public company or transfer
of any element of ownership to a public entity.

(2)     The statement provided for by subsection (1) should include but is not
limited to details of all advisers involved in the transaction and the
contractual basis of their inclusion including information on terms,
incentives, expenses terms and levels of payments.”

52ZD*

Insert the following new Clause—

“Businesses: debtor in possession

(1)     Where a business enters insolvency proceedings the business shall have the
right to remain in possession of property upon which a creditor has a lien
or similar security interest and become a new entity called a debtor in
possession (DIP).

(2)     A DIP shall—

(a)   have the fiduciary and statutory responsibility to preserve and
maintain the estate and to operate its business as efficiently as
possible in order to maximise ultimate payments on pre-petition
debts while keeping post-petition debt current,

(b)   continue to run the business and have the powers and obligations
of a trustee to operate in the best interest of any creditors.

(3)     The management team of the DIP may remain in place, under observation
of an Insolvency Practitioner, for a period of up to 90 days, during which—

(a)   landlords may not pursue unreasonable terms, and

(b)   suppliers may not enforce termination clauses and must maintain
supplies,

(c)   the debtor must allow an Insolvency Practitioner to inspect the
debtor’s business premises, books, and records at reasonable times,
and after reasonable prior written notice, unless the debtor waives
notice.

(4)     The period of time in subsection (3) may be extended to a maximum period
of 180 days if the Insolvency Practitioner assesses that—

(a)   the management team develops a plan to restructure the
company’s debt;

(b)   the management team revaluates the economics of its operating
plan and financial condition;

(c)   the DIP is properly managing its assets;

(d)   the DIP continues its business operations; or

(e)   maintain accurate financial records and file the appropriate tax
returns.”

Clause 20

THE EARL OF KINNOULL

52A

Page 37, line 40, after “insurance” insert “except an excluded contract”

52B

Page 37, line 41, leave out from “must” to end of line 25 on page 38 and insert “not
deliberately or recklessly fail to pay, within a reasonable time, any sums due in
respect of the claim.

( )     A failure to pay a sum due in respect of the claim is—

(a)   deliberate only if the insurer knew that the sum was due,
but nonetheless decided not to pay it in a reasonable time;

(b)   reckless only if the insurer did not care whether or not the
sum was due, and therefore decided not to pay it in a
reasonable time.

( )     The insurer shall always have a reasonable time in which to
investigate and assess the claim (whether as to any liability to pay
in respect of the claim, or as to the amount of any sum payable).

( )     In this section, “a claim under the contract” does not include any
claim for breach of the term implied by subsection (1).

( )     Remedies (for example, damages) available for breach of the term
implied by subsection (1) are in addition to and distinct from—

(a)   any right to enforce payment of the sums due, and

(b)   any right to interest on those sums (whether under the
contract, under another enactment, at the court’s discretion
or otherwise).

( )     This section does not affect any other implied term of the contract
of insurance relating to the time of payment.

( )     Nothing in this Act shall alter any rule of law according to which,
in any contract of insurance, the insurer’s promise is to hold the
insured harmless against loss caused by an insured peril, the breach
of which gives rise to an action for unliquidated damages.”

52C

Page 38, line 25, at end insert—

“( )     For the purposes of this section, “excluded contract” means—

(a)   an insurance contract covering a large risk as defined in article
13(27) of Directive 2009/138/EC of the European Parliament and of
the Council of 25 November 2009,

(b)   a contract of reinsurance.”

Clause 21

THE EARL OF KINNOULL

52D

Page 38, line 35, leave out from beginning to end of line 8 on page 39 and insert—

“( )     A term of an insurance contract, or of any other contract, which
would put the insured in a worse position as respects any of the
matters provided for in section 13A than the insured would be in by
virtue of the provisions of that section is to that extent of no effect.”

52E

Page 39, line 12, leave out subsection (2)

Clause 22

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

LORD STONEHAM OF DROXFORD

52F*

Page 39, leave out lines 20 to 22 and insert—

“(1)     An officer of the Valuation Office of Her Majesty’s Revenue and
Customs may disclose Revenue and Customs information to—

(a)   a qualifying person for a qualifying purpose;

(b)   a ratepayer for a hereditament.

(1A)    Information disclosed under subsection (1)(b) may—

(a)   be disclosed for the purpose of providing the ratepayer with
all information used to assist determination of the valuation
of any hereditament for which the ratepayer is responsible
for the non-domestic rating liability, and may be retained
and used for that purpose, and

(b)   include information relating to hereditaments not owned by
that ratepayer.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

52G*

Page 39, line 22, at end insert—

“( )     Regulations shall make provision for the disclosure of information
as to the basis of valuation for a hereditament or class of
hereditaments sufficient for an estimate to be made of the
prospective non-domestic rates yield in connection with a Business
Improvement District Scheme.”

52H*

Page 39, line 33, at end insert—

“( )   an interested person for the purposes of an appeal against
an assessment in the rating list;”

52J*

Page 40, line 1, at end insert “including purposes connected with an appeal against
an assessment in the rating list”

52K*

Page 40, line 10, at end insert—

““interested person” shall have the same meaning as for the
appeal regulations relating to appeals to the Valuation
Tribunal for England in force from time to time”

After Clause 22

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

52L*

Insert the following new Clause—

“Alternative dispute resolution: appeals in relation to non-domestic rating list

The Secretary of State may by regulation make provision for a scheme of
alternative dispute resolution for the purposes of any appeal against an
assessment in the non-domestic rating list.”

52M*

Insert the following new Clause—

“Environmental considerations

The Secretary of State shall make provision for a scheme of exclusion from
any assessment in the 2017 non-domestic rating list or thereafter of an item
of plant or machinery required wholly or mainly by virtue of
environmental or health and safety legislation and which does not of itself
increase the market value or profitability of the hereditament.”

Clause 23

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

52N*

Page 41, line 30, at end insert—

“( )   provision for valuation officers to provide such information
as to the basis of an assessment to alter or enter a rating
assessment in the rating list as shall be sufficient for the
ratepayer to understand the underlying valuation
evidence;”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

LORD STONEHAM OF DROXFORD

52P*

Page 41, line 34, at end insert—

“(d)   provision for a separate procedure for hereditaments with a
rateable value below any threshold set out in regulations;

(e)   performance standards for the Valuation Office of Her
Majesty’s Revenue and Customs and the Valuation
Tribunal;

(f)   provision for a right to appeal to the Valuation Tribunal if
the valuation officer has not given notice of their decision to
the person making a proposal for the alteration of the list
within 6 months of the proposal being made;

(g)   a requirement that the Valuation Tribunal must determine
any appeal submitted to it within 12 months of it being
made, or within such extended period as may be agreed
upon in writing between the appellant and Tribunal.”

52Q*

Page 42, leave out lines 11 to 13

After Clause 23

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

52R*

Insert the following new Clause—

“Exemptions

Agricultural land and buildings used for cultural events and festivals are
exempt from business rates and the provisions outlined in sections 22 and
23.”

After Clause 25

BARONESS NEVILLE-ROLFE

53

Insert the following new Clause—

“UK Green Investment Bank

3 Omit Part 1 of the Enterprise and Regulatory Reform Act 2013 (UK Green
4Investment Bank).”

 

[Amendments 53ZA and 53ZB are amendments to Amendment 53]

LORD STONEHAM OF DROXFORD

53ZA*

Line 3, at beginning insert—

“(1)   Subject to subsection (2), ”

LORD STONEHAM OF DROXFORD

LORD TEVERSON

53ZB*

Line 4, at end insert—

“(2)     Subsection (1) shall not have effect until the Secretary of State has laid
before each House of Parliament a report detailing his or her proposal—

(a)   to undertake the disposal of the UK Green Investment Bank; or

(b)   that another person may undertake the disposal of the Bank.

(3)     A report under subsection (2) must state—

(a)   the kind of disposal intended to be undertaken, and whether the
Government intends to retain a minority shareholding,

(b)   the expected time scale for undertaking it,

(c)   how the existing Green Bank objectives of the Bank will be
protected and enhanced in the articles of the proposed company,
and

(d)   how the Government’s existing, and if appropriate its future,
investment will be protected and enhanced.”

LORD WHITTY

LORD MENDELSOHN

53ZC*

Insert the following new Clause—

“Report on the Pubs Code

(1)     If the Pubs Code Adjudicator identifies a pattern of cases of pub-owning
businesses selling tenanted pubs in order to exempt their business from the
Pubs Code to the detriment of the tenant, the Adjudicator shall write a
report to the Secretary of State outlining recommendations of action to be
taken.

(2)     The Secretary of State shall issue a statement within three months of
receiving any report under subsection (1) outlining what action he or she
intends to take to protect the tenant and if none is to be taken the reasoning
for that decision.”

53ZD*

Insert the following new Clause—

“Extending the threshold of pub tie

(1)     Section 69 of the Small Business, Enterprise and Employment Act 2015
(pub-owning business) is amended as follows.

(2)     In subsection (1)(a), for “tied pubs” substitute “pubs of any kind”.

(3)     In subsection (1)(b), for “tied pubs” substitute “pubs of any kind”.”

Clause 26

BARONESS DONAGHY

53A

Page 44, line 9, leave out “£95,000” and insert “£145,000”

LORD WILLS

LORD LOW OF DALSTON

54

Page 44, line 9, at end insert “except in the case of exit payments for potential
claims under Part IVA of the Employment Rights Act 1996 (protected disclosures)”

BARONESS DONAGHY

54A

Page 44, line 9, at end insert “, which amount shall be subject to annual re-
evaluation”

54B

Page 44, line 9, at end insert “except where exit payments are made under existing
public service agreements”

54C

Page 44, leave out lines 22 to 24

54D

Page 44, line 39, at end insert “, including cases relating to those employees earning
less than £30,000 per year”

54E

Page 44, line 39, at end insert “, including cases relating to those employees earning
less than £35,000 per year”

54F

Page 44, line 39, at end insert “, including cases relating to those employees earning
less than £40,000 per year”

54G

Page 44, line 39, at end insert “, including any period of institutional reorganisation
being implemented within two years of the passing of this Act”

54H*

Page 44, line 39, at end insert “, including where the full council of a local authority
decides to grant a waiver of the cap”

LORD WILLS

LORD LOW OF DALSTON

55

Page 47, line 30, at end insert—

“153D           Reporting and referral mechanisms to be included in
regulations under section 153A

(1)     The Secretary of State shall by regulation make provision in relation
to restrictions imposed by section 153A where the exit payment
relates to a potential claim under Part 1VA of the Employment
Rights Act 1996 (protected disclosures).

(2)     Regulations under subsection (1) shall—

(a)   provide for the creation of a regulatory referral system, to
apply where an exit payment relates to a potential claim
under Part 1VA of the Employment Rights Act 1996, in
circumstances where—

(i)   the Minister of the Crown as described in section
153C considers it appropriate; and

(ii)   there has been suspected or likely wrongdoing,
malpractice, health and safety risk, breach of law or
regulation; and

(b)   provide that any individual who is subject to an exit
payment as described in subsection (1) shall have access to
legal advice on section 43J of the Employment Rights Act
1996.

(3)     The Secretary of State or the Treasury shall periodically produce
guidance on exit payments made in accordance with section
153D(1) for relevant public sector employees as described in section
153A(2).”

BARONESS DONAGHY

 


Baroness Donaghy gives notice of her intention to oppose the Question that Clause 26
stand part of the Bill.

Clause 29

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

56

Page 48, line 22, at end insert “notwithstanding that section 13 and regulations
made under it shall not have retrospective effect”

57

Page 48, line 36, at end insert “notwithstanding that section 13 and regulations
made under it shall not have retrospective effect”

Prepared 30th October 2015