Enterprise Bill [HL]

fourth
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—

Clauses 23 to 26
Schedule 4
Clauses 27 to 31
Title

[Amendments marked * are new or have been altered]

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”.”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

53ZE*

Insert the following new Clause—

“Protecting small businesses online

(1)     The Secretary of State, after consulting the relevant bodies, shall publish
advice and guidance to businesses in relation to keeping their business safe
and protecting it against online threats.

(2)     The guidance published by the Secretary of State under subsection (1) shall
include but not be limited to advice on protecting computer-based
equipment and information from unintended or unauthorised access,
change, theft or destruction.

(3)     The City of London Police is a relevant body for the purposes of subsection
(1).”

LORD WHITTY

LORD STONEHAM OF DROXFORD

53ZF*

Insert the following new Clause—

“Provision of a parallel rent assessment

(1)     Section 43 of the Small Business, Enterprise and Employment Act 2015
(pubs code: market rent only option) is amended as follows.

(2)     In subsection (5), for “may” substitute “must”.

(3)     After subsection (5), insert—

“(5A)    Provisions made under subsection (5) must include provision
requiring a pub-owning business to offer a tied pub tenant a market
rent only option—

(a)   in connection with the renewal of any of the pub
arrangements;

(b)   in connection with a rent assessment or assessment of
money payable by the tenant in lieu of rent; or

(c)   in connection with a significant increase in the price at
which any product or service which is subject to a product
or service tie is supplied to the tied pub tenant, where the
increase was not reasonably foreseeable—

(i)   when the tenancy or licence was granted, or

(ii)   if there has been an assessment of a kind mentioned
in paragraph (b), when the last assessment was
concluded;

(d)   after a trigger event has occurred”.”

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

53ZG*

Insert the following new Clause—

“Broadband: rollout

(1)     The Secretary of State may by regulations set targets for electronic
communications bodies to roll out, to businesses and commercial
organisations, more than 95% coverage of—

(a)   basic broadband,

(b)   superfast broadband, and

(c)   mobile phone coverage

by the end of 2016.

(2)     The Secretary of State must prepare and publish an annual report assessing
the progress that has been made on the targets provided for by subsection
(1), and the impact of basic broadband, superfast broadband and mobile
coverage technology on enterprise and growth in the rural economy.

(3)     The report provided for in subsection (2) should be laid before both Houses
of Parliament.”

Clause 26

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

53ZH*

Page 44, leave out lines 7 to 9

BARONESS DONAGHY

53A

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

LORD WILLS

LORD LOW OF DALSTON

BARONESS HAYTER OF KENTISH TOWN

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

BARONESS HAYTER OF KENTISH TOWN

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”

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

54BA*

Page 44, line 9, at end insert “except for payments made to a person earning below
the national average wage”

54BB*

Page 44, line 9, at end insert “except for a person who has been in long-term
service”

BARONESS DONAGHY

BARONESS HAYTER OF KENTISH TOWN

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

BARONESS HAYTER OF KENTISH TOWN

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 4A 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 4A 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 3rd November 2015