Enterprise Bill [HL]

AmendmentS
to be moved
on report

Schedule 1

BARONESS NEVILLE-ROLFE

 

Page 51, line 3, at end insert—

“Status

A1     The Commissioner is a corporation sole.”

 

Page 51, line 26, at end insert—

“Commissioner and Deputy Commissioners not civil servants

Service as the Commissioner or a Deputy Commissioner is not service in
the civil service of the state.”

 

Page 51, line 28, leave out paragraph 6

 

Page 52, line 9, leave out “staff provided under paragraph 6” and insert “the
Commissioner’s staff appointed under paragraph 11A, or seconded under
paragraph 11B,”

 

Page 52, line 31, leave out paragraphs 10 and 11

 

Page 52, line 33, at end insert—

“Staff

11A   (1)  The Commissioner may appoint staff.

(2)     Staff are to be appointed on terms and conditions determined by the
Commissioner.

(3)     The terms and conditions on which a member of staff is appointed may
provide for the Commissioner to pay to or in respect of the member of
staff—

(a)   remuneration;

(b)   allowances;

(c)   sums by way of or in respect of pensions.

(4)     Service as a member of the Commissioner’s staff appointed under sub-
paragraph (1) is not service in the civil service of the state.

11B   (1)  The Commissioner may make arrangements for persons to be seconded
to the Commissioner to serve as members of the Commissioner’s staff.

(2)     The arrangements may include provision for payments by the
Commissioner to the person with whom the arrangements are made or
directly to seconded staff (or both).

(3)     A period of secondment to the Commissioner does not affect the
continuity of a person’s employment with the employer from whose
service he or she is seconded (and, in particular, nothing in paragraph
11A(4) affects such a person’s continuity of service in the civil service of
the state).

11C          Before appointing staff under paragraph 11A or making arrangements
under paragraph 11B(1), the Commissioner must obtain the approval of
the Secretary of State as to the Commissioner’s policies on—

(a)   the number of staff to be appointed or seconded;

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

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

Financial and other assistance from the Secretary of State

11D   (1)  The Secretary of State may make payments and provide other financial
assistance to the Commissioner.

(2)     The Secretary of State may—

(a)   provide staff in accordance with arrangements made by the
Secretary of State and the Commissioner under paragraph 11B;

(b)   provide premises, facilities or other assistance to the
Commissioner.

Application of seal and proof of documents

11E   (1)  The application of the Commissioner’s seal must be authenticated by the
signature of—

(a)   the Commissioner, or

(b)   a person who has been authorised by the Commissioner for that
purpose (whether generally or specially).

(2)     A document purporting to be duly executed under the seal—

(a)   is to be received in evidence, and

(b)   is to be treated as duly executed unless the contrary is shown.”

Clause 8

BARONESS NEVILLE-ROLFE

 

Page 8, line 35, leave out “legal” and insert “EU”

Clause 11

BARONESS NEVILLE-ROLFE

 

Page 10, line 22, leave out subsections (5) and (6) and insert—

“(5)     Before making regulations under this section, the Secretary of State must
consult—

(a)   the Small Business Commissioner (unless that office is vacant),

(b)   such other persons as appear to the Secretary of State to be persons
affected by the regulations, and

(c)   such other persons as the Secretary of State considers appropriate.

(6)     If, as a result of consultation under subsection (5), the Secretary of State
considers it appropriate to change the whole or part of the proposed
regulations, the Secretary of State must carry out such further consultation
with respect to the changes as seems appropriate.”

After Clause 11

BARONESS NEVILLE-ROLFE

 

Insert the following new Clause—

“Regulations under section 11: procedure

(1)     In this section “regulations” means regulations under section 11.

(2)     If after consultation under section 11, the Secretary of State considers it
appropriate to proceed with the making of regulations, the Secretary of
State may lay before Parliament—

(a)   draft regulations, and

(b)   an explanatory document.

(3)     The explanatory document must—

(a)   explain why the Secretary of State considers that one of the
conditions in section 11(1) is met, and

(b)   contain a summary of representations received in the consultation.

(4)     The Secretary of State may not act under subsection (2) before the end of the
period of 12 weeks beginning with the day on which the consultation began
under section 11(5).

(5)     Subject to subsections (6) to (13), if after the expiry of the 40-day period the
draft regulations laid under subsection (2) are approved by a resolution of
each House of Parliament, the Secretary of State may make regulations in
the terms of the draft regulations.

(6)     The procedure in subsections (7) to (10) applies to the draft regulations
instead of the procedure in subsection (5) if—


The Secretary of State must have regard to—

(a)   either House of Parliament so resolves within the 30-day period, or

(b)   a committee of either House charged with reporting on the draft
regulations so recommends within the 30-day period and the
House to which the recommendation is made does not by
resolution reject the recommendation within that period.

(a)   any representations,

(b)   any resolution of either House of Parliament, and

(c)   any recommendations of a committee of either House of Parliament
charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations.

(8)     If after the expiry of the 60-day period the draft regulations are approved
by a resolution of each House of Parliament, the Secretary of State may
make regulations in the terms of the draft regulations.
If after the expiry of the 60-day period the Secretary of State wishes to
proceed with the draft regulations but with material changes, the Secretary
of State may lay before Parliament—

(a)   revised draft regulations, and

(b)   a statement giving a summary of the changes proposed.

(10)     If the revised draft regulations are approved by a resolution of each House
of Parliament, the Secretary of State may make regulations in the terms of
the revised draft regulations.

(11)     For the purposes of this section regulations are made in the terms of draft
regulations or revised draft regulations if they contain no material changes
to their provisions.

(12)      In this section, references to the “30-day”, “40-day” and “60-day” periods
in relation to any draft regulations are to the periods of 30, 40 and 60 days
beginning with the day on which the draft regulations were laid before
Parliament.

(13)     For the purposes of subsection (12) no account is to be taken of any time
during which Parliament is dissolved or prorogued or during which either
House is adjourned for more than four days.

(14)     Regulations are to be made by statutory instrument.”

Clause 13

BARONESS NEVILLE-ROLFE

 

Page 11, line 30, leave out “given to the Secretary of State” and insert “published”

Schedule 2

BARONESS NEVILLE-ROLFE

 

Page 54, line 22, leave out “give to the Secretary of State” and insert “publish”

 

Page 54, line 43, leave out “given to the Secretary of State” and insert “published”

 

Page 55, line 3, leave out “given to the Secretary of State” and insert “published”

 

Page 55, line 15, leave out “given to the Secretary of State or” and insert “published
or given to”

 

Page 55, line 16, leave out from “of” to end of line 17 and insert “the publication of
a required document;”

 

Page 55, line 18, leave out “given to the Secretary of State” and insert “published”

 

Page 55, line 21, leave out “given to the Secretary of State” and insert “published”

 

Page 55, line 28, leave out “given to the Secretary of State” and insert “published”

 

Page 55, line 39, leave out from “(c)” to end of line 40 and insert “publish anything
amended and any back-dated assessment.”

 

Page 56, line 2, leave out “given to the Secretary of State” and insert “published”

 

Page 56, line 4, leave out from “(b)” to end of line 5 and insert “publish any
amended assessment or back-dated assessment.”

 

Page 56, line 8, leave out “given to the Secretary of State” and insert “published”

 

Page 56, line 11, leave out “given to the Secretary of State” and insert “published”

 

Page 56, line 15, leave out “given to the Secretary of State or” and insert “published
or given to”

 

Page 56, line 16, leave out from second “the” to end of line 17 and insert
“publication of an updating document;”

 

Page 56, line 18, leave out “given to the Secretary of State” and insert “published”

 

Page 56, line 21, leave out “given to the Secretary of State” and insert “published”

Clause 14

BARONESS NEVILLE-ROLFE

 

Page 12, line 38, after “regulator” insert “other than the Commission for Equality
and Human Rights”

Clause 17

BARONESS NEVILLE-ROLFE

 

Page 24, line 16, leave out “other”

 

Page 24, line 29, leave out “other”

 

Page 25, line 23, leave out “other”

 

Page 28, line 28, leave out “regulator” and insert “person”

 

Page 29, line 6, leave out “the primary authority” and insert “a direct primary
authority or a co-ordinated primary authority”

 

Page 30, line 8, leave out “the primary authority” and insert “a direct primary
authority or a co-ordinated primary authority”

 

Page 30, line 19, leave out from “if” to “inconsistent” in line 24 and insert “—

(a)   another qualifying regulator nominated as the primary authority
(“PA2”) for the exercise of the function in relation to the person has
previously given advice or guidance (generally or specifically), and

(b)   the person considers the proposed enforcement action to be”

 

Page 30, line 26, leave out from “that” to “action” in line 28 and insert “such advice
or guidance has previously been given and that the person considers the proposed
enforcement action to be inconsistent with it, PA1 must—

(a)   refer the”

 

Page 30, leave out lines 30 to 36 and insert—

“(4)     If subsection (3) applies—

(a)   the reference of the proposed enforcement action by PA1 to
PA2 under subsection (3)(a) is to be treated as a notification
given by the enforcing authority to PA2 under section
25C(2)(a), and

(b)   accordingly, section 25C (but not this section) applies in
relation to PA2 as the primary authority and ceases to apply
in relation to PA1 as the primary authority.”

 

Page 30, line 40, leave out “for a primary authority or another” and insert “in
relation to an”

Schedule 3

BARONESS NEVILLE-ROLFE

 

Page 57, line 12, leave out “enforcing” and insert “primary”

Clause 20

THE EARL OF KINNOULL

LORD FLIGHT

 

Page 38, line 34, at end insert—

“( )     It shall be open to the insurer to adduce evidence of the fact that it
sought and obtained legal advice to the effect that it had reasonable
grounds for disputing the claim without thereby generally waiving
privilege in the substance or content of the legal advice it received.”

 

Page 39, line 3, at end insert—

“( )     After section 10 of the Limitation Act 1980 (special time limit for claiming
contribution) insert—

“10A          Special time limit for actions for breach of the term implied by
section 13A of the Insurance Act 2015

An action founded on a breach of the term implied by section
13A(1) of the Insurance Act 2015 shall not be brought—

(a)   after the expiration of one year from the date on which the
insurer made the payment or, if the insurer has made more
than one payment, the final payment of the indemnity in
respect of which the breach is alleged; or

(b)   if earlier, after the expiration of six years from the date on
which the cause of action for breach of the term implied
accrued.”

( )     After section 8A of the Prescription and Limitation (Scotland) Act 1973
(extinction of obligations to make contributions between wrongdoers)
insert—

“8B Extinction of obligations arising from or by reason of a breach of
the term implied by section 13A(1) of the Insurance Act 2015

(1)     If any obligation arising from or by reason of a breach of the term
implied by section 13A(1) of the Insurance Act 2015 has subsisted
for a continuous period of—

(a)   one year after the date on which the insurer made the
payment or, if the insurer has made more than one
payment, the final payment of the indemnity in respect of
which the breach is alleged; or

(b)   five years;

without any relevant claim having been made in relation to the
obligation, then as from the expiration of the earlier of the periods
specified under paragraph (a) and (b) the obligation shall be
extinguished.

(2)     Subsections (4) and (5) of section 6 of this Act shall apply for the
purposes of this section as they apply for the purposes of that
section.””

Clause 22

BARONESS NEVILLE-ROLFE

 

Page 41, line 38, at end insert—

“63C          Freedom of information

(1)     Revenue and customs information relating to a person which has
been disclosed under section 63A or 63B is exempt information by
virtue of section 44(1)(a) of the Freedom of Information Act 2000
(prohibition on disclosure) if its further disclosure—

(a)   would specify the identity of the person to whom the
information relates, or

(b)   would enable the identity of such a person to be deduced.

(2)     In this section “revenue and customs information relating to a
person” has the same meaning as in section 19(2) of the
Commissioners for Revenue and Customs Act 2005.”

After Clause 25

BARONESS NEVILLE-ROLFE

 

Insert the following new Clause—

“UK Government Investments Limited

(1)     The Treasury or the Secretary of State may—

(a)   provide grants, loans, guarantees or indemnities, or any other kind
of financial assistance (actual or contingent) to UK Government
Investments Limited, or

(b)   make other payments to UK Government Investments Limited.

(2)     “UK Government Investments Limited” means the private company
limited by shares incorporated on 11th September 2015 with the company
number 09774296.”

 

Insert the following new Clause—

“Disposal of Crown’s shares in UK Green Investment Bank company

(1)     Part 1 of the Enterprise and Regulatory Reform Act 2013 (UK Green
Investment Bank) is amended as follows.

(2)     Omit the following provisions—

(a)   section 1 (the green purposes);

(b)   section 3 (alteration of Bank’s objects where it is designated by
Secretary of State);

(c)   section 5 (accounts, reports etc where Bank is designated by
Secretary of State).

(3)     In section 2 (designation of Bank)—

(a)   for the heading substitute “Interpretation”,

(b)   omit subsections (1) to (8) (Secretary of State’s power to designate),
and

(c)   after subsection (9) insert—

“(10)    In this Part “UK Green Investment Bank company” means—

(a)   the UK Green Investment Bank, or

(b)   a company that is or at any time has been in the same
group as the Bank.

(11)     For the purposes of subsection (10) a company is to be
regarded as being in the same “group” as the UK Green
Investment Bank, if, for the purposes of section 1161(5) of
the Companies Act 2006, the company is a group
undertaking in relation to the UK Green Investment Bank.”

(4)     In section 4 (financial assistance from the Secretary of State)—

(a)   in subsection (1)—

(i)   omit “Where an order has been made under section 2,”,

(ii)   for “the UK Green Investment Bank” substitute “a UK Green
Investment Bank company”, and

(iii)   for “Crown’s shareholding in it is more than half of its
issued share capital” substitute “Crown holds shares in it or
another UK Green Investment Bank company”,

(b)   in subsection (3), in paragraphs (d) and (e), for “the Bank” substitute
“the company”,

(c)   omit subsection (5), and

(d)   in subsection (6) (no effect on other powers to give financial
assistance to the Bank)—

(i)   for “the Bank”, in the first place, substitute “a UK Green
Investment Bank company”, and

(ii)   for “Crown’s shareholding in the Bank is not more than half
of its issued share capital” substitute “Crown does not hold
shares in it or another UK Green Investment Bank
company”.

(5)     In section 6 (documents to be laid before Parliament)—

(a)   in subsection (1)(a) omit “after an order has been made under
section 2,”,

(b)   in subsection (1)(b) for “the Bank” substitute “a UK Green
Investment Bank company”, and

(c)   omit subsections (3) and (4).

(6)     After section 6 insert—

“6A Report on disposal of Crown’s shares in UK Green Investment
Bank company

(1)     As soon as reasonably practicable after a disposal of shares held by
the Crown in a UK Green Investment Bank company the Secretary
of State must lay before Parliament a report on the disposal.

(2)     The report—

(a)   must state—

(i)   the kind of disposal, and

(ii)   the proportion of the company’s share capital
retained by the Crown (or that none has been
retained); and

(b)   must include—

(i)   an assessment of how the Secretary of State’s
objectives for the disposal have been achieved, and

(ii)   where the Crown still holds one or more shares in a
UK Green Investment Bank company, details of the
Secretary of State’s intentions as to the Crown’s
future role and interest in such companies.

(3)     The Secretary of State must give a copy of the report to—

(a)   the Scottish Ministers,

(b)   the Welsh Ministers, and

(c)   the Office of the First Minister and deputy First Minister in
Northern Ireland.

(4)     Subsection (3) applies to a report as described in section (UK Green
Investment Bank: transitional provision
) as well as to a report under
this section.””

 

Insert the following new Clause—

“UK Green Investment Bank: transitional provision

(1)     The Secretary of State may not make regulations under section 29
appointing the day on which section (Disposal of Crown’s shares in UK Green
Investment Bank company
) comes into force unless the Secretary of State
has—

(a)   decided to make a disposal of shares held by the Crown in a UK
Green Investment Bank company, and

(b)   laid before Parliament a report on the proposed disposal (or, if more
than one, on each of them) which states—

(i)   the kind of disposal intended,

(ii)   the expected time-scale for the disposal, and

(iii)   the Secretary of State’s objectives for the disposal.

(2)     In this section “UK Green Investment Bank company” means—

(a)   the public company limited by shares incorporated on 15 May 2012
with the company number SC424067 and with the name UK Green
Investment Bank plc, or

(b)   a company that is or at any time has been in the same group as that
company.”

(3)     For the purposes of subsection (2) a company is to be regarded as being in
the same “group” as another company, if, for the purposes of section
1161(5) of the Companies Act 2006, the company is a group undertaking in
relation to that other company.”

Clause 26

BARONESS NEVILLE-ROLFE

 

Page 46, line 34, leave out “to which subsection (5) applies” and insert “under
section 153A”

 

Page 46, line 39, leave out from beginning to end of line 7 on page 47

 

Page 47, leave out lines 9 to 11

Clause 29

BARONESS NEVILLE-ROLFE

 

Page 49, line 16, at end insert—

“( )   section (UK Green Investment Bank: transitional provision) (UK Green
Investment Bank: transitional provision);”

Clause 30

BARONESS NEVILLE-ROLFE

 

Page 50, line 4, at end insert “(except paragraphs A1 and 11E of Schedule 1)”

 

Page 50, line 11, at end insert—

“( )     Paragraphs A1 and 11E of Schedule 1 (establishment of Small Business
Commissioner as corporation sole and provisions about the application of
the seal etc) extend to England and Wales and Northern Ireland.”

Prepared 20th November 2015