Enterprise Bill [HL]

MARSHALLED
LIST OF AmendmentS
to be moved
on report

The amendments have been marshalled in accordance with the Order of 19th November 2015, as follows—

Clause 1
Schedule 1
Clauses 2 to 13
Schedule 2
Clauses 14 to 17
Schedule 3
Clauses 18 to 26
Schedule 4
Clauses 27 to 31
Title

[Amendments marked * are new or have been altered]

Clause 1

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

1*

Page 1, line 9, leave out from second “to” to end of line 11 and insert “matters in
connection with the supply of goods and services to—

  and make recommendations.”

(i)   larger businesses, and

(ii)   public authorities;

and make recommendations.”

Schedule 1

BARONESS NEVILLE-ROLFE

2

Page 51, line 3, at end insert—

“Status

A1     The Commissioner is a corporation sole.”

3

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.”

4

Page 51, line 28, leave out paragraph 6

5

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,”

6

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

7

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 4

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

8*

Page 4, line 32, at end insert—

“(ii)   another small or medium sized business (“the respondent”),
or

(iii)   a public authority (“the respondent”),”

9*

Page 5, line 34, at end insert—

““small or medium sized business” has the meaning given by section
7(1) of the Small Business, Enterprise and Employment Act 2015.”

Clause 6

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

10*

Page 6, line 34, at end insert—

“( )     Where a report contains one or more recommendations as to the steps that
ought to be taken by the respondent to remedy, resolve or mitigate any
issue which is the subject of the complaint, or to prevent a similar issue
from arising in future, and the Commissioner considers the
recommendations relate to a relevant function, the Commissioner may
send a copy of the report to the Competition and Markets Authority.

( )     In this section “relevant function” means a function of the Competition and
Markets Authority as set out in Part 3 of and Schedule 5 to the Enterprise
and Regulatory Reform Act 2013.”

After Clause 6

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

11*

Insert the following new Clause—

“Repeated complaints: late payments

(1)     Where—

(a)   the Commissioner determines that a particular respondent has
been the subject of repeated complaints relating to the late payment
of invoices,

(b)   the respondent concerned is a large business,

(c)   the Commissioner has considered the complaints and made a
determination which has included recommendations to the
respondent, and

(d)   the respondent has repeatedly failed to make changes
recommended by the Commissioner,

the Commissioner may request that the Secretary of State propose a fine on
the respondent.

(2)     Where a request is made by the Commissioner under subsection (1), the
Secretary of State must issue a fine to the relevant respondent unless the
Secretary of State considers such a fine would be damaging to the long-
term viability of the respondent’s business.

(3)     The Secretary of State may by regulation make further provisions to
support the effective functioning of this section including, but not limited
to—

(a)   the definition of “repeated complaints” for the purpose of this
section,

(b)   the definition of “large business”,

(c)   the maximum level of fine that may be levied,

(d)   whether a different maximum level should be prescribed based on
the size of the respondent’s business, and

(e)   the test by which the Secretary of State should consider the long-
term viability of the business.

(4)     Regulations under this section must be made by statutory instrument, and
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

Clause 8

BARONESS NEVILLE-ROLFE

12

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

Clause 11

BARONESS NEVILLE-ROLFE

13

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

14

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.”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

LORD STONEHAM OF DROXFORD

15*

Insert the following new Clause—

“Small Business Commissioner: payment terms

(1)     On the advice of the Commissioner, the Secretary of State may make
regulations—

(a)   imposing a limit on the number of days after receipt of a supplier’s
invoice a company can seek to challenge that invoice,

(b)   prohibiting the practice of a company seeking to change the
payment terms of a supplier company unilaterally, and

(c)   prohibiting a company from retaining funds where contract terms
are applied disproportionately by requiring a supplier company to
make a payment in order to join that company’s list of suppliers.

(2)     Regulations under subsection (1) may make provision for a prescribed
breach by a prescribed description of person of a requirement or
prohibition imposed by the regulations to be an offence punishable on
summary conviction—

(a)   in England and Wales by a fine;

(b)   in Scotland or Northern Ireland by a fine not exceeding level 5 on
the standard scale.

(3)     Regulations under subsection (1) may specify the size of company and
supplier company to which they shall apply.

(4)     The Secretary of State shall require public sector agencies and companies in
the private sector to settle all payments owed to their small business
suppliers by the date originally agreed in the contract terms.

(5)     Companies or private sector agencies which fail to make payments to their
small business suppliers on time shall be required to provide quarterly
reports to the Small Business Commissioner relating to the late payment of
invoices.

(6)     A report provided for under subsection (5) shall include—

(a)   lists of all payments to suppliers which were made over 28 days
after the date indicated by the suppliers’ agreed payment terms,
without a formal query having been registered with the suppliers
within such a period as may be prescribed;

(b)   confirmation, for each instance listed under paragraph (a), that
interest, equalling the Bank of England base rate plus 8% APR, was
paid to compensate the supplier for overdue payment; and

(c)   assurance, for each instance listed under paragraph (a) where
confirmation of compensation under paragraph (b) cannot be
provided, after a payment plan is in place to compensate suppliers
on the basis set out in that paragraph.

(7)     Before making regulations under this section the Secretary of State must
consult such persons as the Secretary of State considers appropriate.

(8)     Regulations under this section shall be made by statutory instrument and
may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(9)     For the purposes of this section “company” has the meaning given by
section 1(1) of the Companies Act 2006.”

16*

Insert the following new Clause—

“Small Business Commissioner: role in assisting small businesses

(1)     The Commissioner shall establish a framework to encourage a competitive
and fair operating environment for all businesses by—

(a)   working with the Secretary of State and relevant government
departments to facilitate access to information by small businesses
and ensuring that both prospective and existing small businesses
have sufficient knowledge to make informed business decisions;

(b)   working with the Secretary of State to provide an effective system
of alternative dispute resolution;

(c)   monitoring and reporting to the Secretary of State on emerging
trends in market practices that have an adverse effect on small
businesses;

(d)   recommending measures to prevent unfair business practices by
addressing the behaviour of businesses towards small businesses,
and improving business conduct;

(e)   encouraging small business operators, particularly those who are
executing a contract or signing a retail lease, to seek professional
advice on matters including but not limited to pre-agreed dispute
resolution so that disagreements can be dealt with quickly and
relationships can continue with minimum disruption;

(f)   encouraging industry and professional associations and chambers
of commerce to continue to develop educative aids for their small
business members, including considering accreditation courses;

(g)   advising the Secretary of State and government agencies about
legislation, government procedures and administration affecting
small businesses.

(2)     The Secretary of State may by regulations made by statutory instrument
make further provision to enable the Commissioner effectively to establish
the framework and implement the duties set out in subsection (1).

(3)     A statutory instrument containing regulations under this section may not
be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

Clause 13

LORD STEVENSON OF BALMACARA

LORD MENDELSOHN

17*

Page 11, line 6, at end insert—

“( )     In subsection (2), after “means” insert “—

(a)   all regulatory provisions made under section 2(2) of the
European Communities Act 1972;””

18*

Page 11, line 6, at end insert—

“(2A)    The Secretary of State shall undertake and publish guidance every
five years on “qualifying regulatory provisions” which shall
include but is not limited to—

(a)   a definition of what constitutes a qualifying regulatory
provision;

(b)   an outline of what constitutes a qualifying regulatory
provision in the Government’s deregulatory calculations;
and

(c)   information on regulations that have been excluded from
the Government’s deregulatory calculations.””

BARONESS NEVILLE-ROLFE

19

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

Schedule 2

BARONESS NEVILLE-ROLFE

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

35

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

36

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

Clause 14

BARONESS NEVILLE-ROLFE

37

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

After Clause 15

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

38*

Insert the following new Clause—

“Evaluation of regulatory duties

The Regulatory Policy Committee shall conduct an annual review
assessing whether duties placed on regulators under this Act have affected
their capabilities and capacity to conduct their regulatory role.”

After Clause 16

LORD CURRY OF KIRKHARLE

39*

Insert the following new Clause—

“Secondary legislation: duty to review

In section 30 of the Small Business, Enterprise and Employment Act 2015
(meaning of “provision for review” in section 28(2)(a) of that Act), in
subsection (3)—

(a)   after “must” insert “so far as is reasonable”, and

(b)   omit third “the”.”

Clause 17

BARONESS NEVILLE-ROLFE

40

Page 24, line 16, leave out “other”

41

Page 24, line 29, leave out “other”

42

Page 25, line 23, leave out “other”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

43*

Page 25, line 37, leave out from “fees” to “the” in line 38 and insert “as agreed with
the person for”

44*

Page 25, line 41, leave out from “fees” to “the” in line 42 and insert “as agreed with
the co-ordinator for”

BARONESS NEVILLE-ROLFE

45

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

46

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

47

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

48

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”

49

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”

50

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.”

51

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

After Clause 17

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

BARONESS SHARP OF GUILDFORD

52*

Insert the following new Clause—

“Report on the impact of cuts to public services on the functioning of enterprise

(1)     Within 12 months of the passing of this Act, the Secretary of State must lay
before Parliament a report on the impact of cuts to funding of public
services on enterprise and economic growth in the UK.

(2)     A report under subsection (1) must include, but is not limited to, an
assessment of—

(a)   the impact of reductions in Government spending on further
education on the availability of skills in the UK;

(b)   the impact of cuts to skills funding, and of any levy on companies
to provide for apprenticeships, on the quantity, quality and level of
apprenticeships offered by companies;

(c)   the impact of reductions in the funding of the Department for
Business, Innovation and Skills on advanced manufacturing;

(d)   the ability of Her Majesty’s Revenue and Customs to supply a
comprehensive service to business customers; and

(e)   the impact of reductions to the Local Government Finance
Settlement on the ability of local authorities to support small
businesses and promote economic growth.”

Schedule 3

BARONESS NEVILLE-ROLFE

53

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

Clause 18

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

LORD STONEHAM OF DROXFORD

54*

Page 34, line 17, after “body” insert “and company”

55*

Page 34, line 18, after “(“apprentices”)” insert “in high quality and high level skill
apprenticeships”

LORD YOUNG OF NORWOOD GREEN

56*

Page 34, line 19, at end insert “and which distinguishes between new
apprenticeships and those adult apprenticeships which are held by those who are
in existing employment”

BARONESS SHARP OF GUILDFORD

LORD STONEHAM OF DROXFORD

57*

Page 34, line 19, at end insert—

“( )     A prescribed public body may set apprenticeship targets for its
subcontractors.”

58*

Page 34, line 36, at end insert—

“( )     The regulations may specify that a proportion of the apprenticeship
targets referred to in subsection (5) shall be reserved for—

(a)   young people leaving care, and

(b)   young people with physical and learning disabilities.”

59*

Page 35, line 5, at end insert—

“subcontractors” means any person or body corporate who
supplies goods or services to the prescribed public body.”

Clause 19

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

60*

Page 37, leave out lines 21 to 28

Clause 20

THE EARL OF KINNOULL

LORD FLIGHT

61

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.”

62

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.””

After Clause 21

LORD HUNT OF WIRRAL

63*

Insert the following new Clause—

“Power of HMRC to disclose information for purposes of certain litigation

(1)     The Commissioners for Her Majesty’s Revenue and Customs may disclose
information held by them to the Employers’ Liability Tracing Office in
accordance with subsection (2).

(2)     The information disclosed under subsection (1) shall be limited to the
provision of employee reference numbers to be used by the Employers’
Liability Tracing Office for the sole purpose of maintaining a database to
assist the persons identified in subsection (3) to trace insurance details for
an employer against whom they consider they have a valid claim in
damages for use in connection with the claim for damages.

(3)     The persons to whom subsection (2) may apply are—

(a)   persons who are or will be entitled to bring a claim or potential
claim for damages for personal injury or death; or

(b)   persons who are or will be entitled to bring a claim for damages for
personal injury for the benefit of the estate of a deceased person.”

Clause 22

THE EARL OF LYTTON

LORD MENDELSOHN

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

64

Page 40, leave out lines 3 to 5 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.”

BARONESS NEVILLE-ROLFE

65

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.”

Clause 23

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

66*

Page 42, line 16, 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.”

67*

Page 42, leave out lines 39 to 41

After Clause 25

BARONESS NEVILLE-ROLFE

68

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.”

69

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.””

70

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

71

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

72

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

73

Page 47, leave out lines 9 to 11

Clause 29

BARONESS NEVILLE-ROLFE

74

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

75

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

76

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 24th November 2015