Enterprise Bill [HL]

second
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—

Clauses 25 and 26
Schedule 4
Clauses 27 to 31
Title

[Amendments marked * are new or have been altered]

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.”

LORD TEVERSON

LORD STONEHAM OF DROXFORD

BARONESS WORTHINGTON

LORD MENDELSOHN

70ZA*

Insert the following new Clause—

“Objectives of UK Green Investment Bank

(1)     Prior to a sale of shares of a UK Green Investment Bank Company (as
defined in section (UK Green Investment Bank: transitional provision)(2)) the
Secretary of State shall—

(a)   ensure that the objects of the UK Green Investment Bank Company
contained in its articles of association (“the Objectives”) shall be—

(i)   the reduction of greenhouse gas emissions;

(ii)   the advancement of efficiency in the use of natural
resources;

(iii)   the protection or enhancement of the natural environment;

(iv)   the protection or enhancement of biodiversity;

(v)   the promotion of environmental sustainability;

(b)   ensure the articles of association of the UK Green Investment Bank
Company require its directors to act and review their actions
against the Objectives;

(c)   create a special share; and

(d)   establish a company limited by guarantee registered with the
Charity Commission (“the Charitable Company”) that will own the
special share.

(2)     Any amendment to the Objectives shall require the consent of the
Charitable Company, as holder of the special share.

(3)     The special share shall—

(a)   have no income or capital rights;

(b)   have no voting rights except on a vote to amend the Objectives and
on a vote to alter the rights of the special share.

(4)     The rights of the special share shall be deemed altered by the issue of any
other special share of the same class.

(5)     The Charitable Company that will own the special share shall—

(a)   have three members, none of which shall be public bodies;

(b)   have as initial members legal persons appointed by the Committee
on Climate Change established under the Climate Change Act 2008;

(c)   provide that if any member ceases to be a member the remaining
members shall nominate the replacement member;

(d)   provide that the members will be required to act unanimously in
exercising the rights attached to the special share.

(6)     For the avoidance of doubt, the Committee on Climate Change shall play
no role in the conduct of the Charitable Company or its members following
the initial appointment of those members prior to the sale of UK Green
Investment Bank company shares by the Secretary of State.”

LORD MENDELSOHN

LORD STEVENSON OF BALMACARA

70ZB*

Insert the following new Clause—

“Protecting small businesses online

(1)     The Secretary of State, after consulting 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).”

70ZC*

Insert the following new Clause—

“Market rent only: conditions and triggers

(1)     The Pubs Code shall require pub-owning businesses to offer a market rent
only option to tied pub tenants which fall within the definition in section
70(1)(a) of the Small Business, Enterprise and Employment Act 2015 in the
following circumstances—

(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;

(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 the kind specified in
paragraph (b), when the last assessment was concluded;

(d)   after a trigger event has occured.

(2)     A “trigger event”, in relation to a tied pub tenant, means an event which—

(a)   is beyond the control of the tied pub tenant,

(b)   was not reasonably foreseeable,

(c)   has a significant impact on the level of trade that could reasonably
be expected to be achieved at the tied pub, and

(d)   is of a description specified in the Pubs Code.”

70ZD*

Insert the following new Clause—

“Parallel rent assessments

The Pubs Code shall by June 2016 require pub-owning businesses to offer
parallel rent assessments to their tied pub tenants who are eligible for the
market rent only option as defined in section 43 of the Small Business,
Enterprise and Employment Act 2015.

70ZE*

Insert the following new Clause—

“Report on pub company avoidance

(1)     The Pubs Code Adjudicator shall have a duty to report to the Secretary of
State on cases of pub-owning businesses engaging in unfair business
practices in order to avoid the provisions in Part 4 of the Small Business,
Enterprise and Employment Act 2015, to the detriment of the tenant.

(2)     A report under subsection (1) shall make recommendations on—

(a)   actions to be taken to prevent pub-owning businesses from
engaging in unfair business practices in order to avoid the
provision in Part 4 of the 2015 Act; and

(b)   provisions of redress for any affected pub tenant

(3)     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.”

70ZF*

Insert the following new Clause—

“Provision of broadband: public communications to small businesses

(1)     The Secretary of State shall by regulations regulate the content of
broadband providers’ public communications relating to the broadband
speeds offered to small businesses.

(2)     The regulations under subsection (1) shall require that in their
communications with small businesses, broadband providers shall only
communicate the minimum speeds offered as part of their service and not
the range of speeds offered.”

Clause 26

BARONESS HAYTER OF KENTISH TOWN

LORD MENDELSOHN

70ZG

Page 44, line 26, at end insert—

“( )     Regulations shall make provision to require prescribed public
sector authorities to consider, prior to making a public sector exit
payment—

(a)   whether the payment being paid is appropriate; and

(b)   whether the payment would provide value for money.”

70A

Page 44, line 29, at end insert “except in the case of conciliation settlements”

LORD LOW OF DALSTON

LORD WILLS

70AA*

Page 44, line 29, at end insert “except in the case of exit payments for potential
claims under Part IVA of the Employment Rights Act 1996 (protected disclosures)”

LORD LOW OF DALSTON

70AB*

Page 44, line 29, at end insert—

“( )     Regulations under subsection (1) may not apply to exit payments
paid under terms of settlement agreed between the parties in
respect of litigation concerning claims of unlawful discrimination,
harassment or victimisation (or both) brought under the Equality
Act 2010, or exit payments that comply with an award order (or
both) of a court or tribunal in relation to such claims.”

BARONESS HAYTER OF KENTISH TOWN

LORD MENDELSOHN

70B

Page 45, leave out lines 5 to 7

BARONESS DONAGHY

70C

Page 45, line 22, at end insert “, including payments relating to employees earning
less than £27,000 per year”

70D*

Page 45, line 22, at end insert “, including cases relating to employees who have
been in long-term service”

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

BARONESS HAYTER OF KENTISH TOWN

LORD MENDELSOHN

73A

Page 47, line 21, at end insert—

“(2A)    All prescribed public sector authorities may relax the restrictions
imposed by regulations made under section 153A, if certain
conditions are met.

(2B)    The Secretary of State shall by regulations made by statutory
instrument specify the conditions to be met under subsection (2A).”

LORD WILLS

LORD LOW OF DALSTON

BARONESS HAYTER OF KENTISH TOWN

73B*

Page 48, line 11, 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 IVA 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 IVA 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 (contractual duties of confidentiality).

(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).”

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 27th November 2015