Session 2015-16
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Other Bills before Parliament


 
 

 

Enterprise Bill [HL]

Commons Amendments

[The page and line references are to Bill 112, the bill as first printed for the Commons.]

After Clause 16

1

Insert the following new Clause—

 

         

“Power of Welsh Ministers to apply regulators’ principles and code of practice

 

    

In section 24 of the Legislative and Regulatory Reform Act 2006

 

(application of regulators’ principles and code of practice to functions

 

specified by order)—

 

(a)    

for paragraph (c) of subsection (3) (Wales: limit on power of

 

Minister of the Crown to specify functions) substitute—

 

“(c)    

a Welsh regulatory function.”;

 

(b)    

in subsection (4) (power of Welsh Ministers to specify functions) for

 

“regulatory functions exercisable only in or as regards Wales”

 

substitute “Welsh regulatory functions”;

 

(c)    

in subsection (10) (definitions) at the appropriate place insert—

 

““Welsh regulatory function” means a regulatory

 

function, so far as exercisable in relation to Wales, if

 

or to the extent that the function relates to matters—

 

(a)    

within the legislative competence of the

 

National Assembly for Wales (see section 108

 

of the Government of Wales Act 2006), or

 

(b)    

in respect of which functions are exercisable

 

by the Welsh Ministers.”.”

Clause 19

2

Page 17, line 40, leave out “Welsh ministerial” and insert “devolved Welsh”

3

Page 18, line 35, leave out “in Wales” and insert “in relation to Wales”

4

Page 18, line 36, leave out “Welsh ministerial” and insert “devolved Welsh”

 
 
Hl Bill 10456/1

 
 

2

5

Page 28, line 20, leave out “Welsh ministerial” and insert “devolved Welsh”

6

Page 28, line 33, leave out “in Wales” and insert “in relation to Wales”

7

Page 28, line 34, leave out “Welsh ministerial” and insert “devolved Welsh”

8

Page 29, line 38, leave out “Welsh ministerial” and insert “devolved Welsh”

9

Page 30, line 8, leave out “in Wales” and insert “in relation to Wales”

10

Page 30, line 9, leave out “Welsh ministerial” and insert “devolved Welsh”

After Clause 19

11

Insert the following new Clause—

 

         

“Devolved Welsh matters

 

(1)    

The Regulatory Enforcement and Sanctions Act 2008 is amended as

 

follows.

 

(2)    

In each of the following provisions, for “Welsh ministerial” substitute

 

“devolved Welsh”—

 

(a)    

in section 4 (meaning of “relevant function”), subsections (6) and

 

(8)(b);

 

(b)    

in section 6 (guidance to local authorities), subsections (1) and (1A);

 

(c)    

in section 10 (advice to Welsh Ministers), subsection (1)(a);

 

(d)    

in section 12 (relationship between Secretary of State and other

 

regulators), subsection (3);

 

(e)    

in section 16 (guidance or directions by Welsh Ministers),

 

subsection (1);

 

(f)    

in section 36 (power to make orders providing for civil sanctions),

 

subsection (2);

 

(g)    

in section 59 (consultation and consent for civil sanctions orders:

 

Wales), subsection (2);

 

(h)    

in section 73 (functions to which duty not to impose or maintain

 

unnecessary regulatory burdens applies), subsections (3)(c), (4)(c)

 

and (5).

 

(3)    

In section 73 (functions to which section 72 applies), in subsections (3)(c)

 

and (4)(c), for “in Wales” substitute “in relation to Wales”.

 

(4)    

In section 74 (general interpretation)—

 

(a)    

omit the definition of “Welsh ministerial matter”;

 

(b)    

before the definition of “Minister of the Crown” insert—

 

““devolved Welsh matter” means —

 

(a)    

a matter within the legislative competence of

 

the National Assembly for Wales (see section

 

108 of the Government of Wales Act 2006), or

 

(b)    

a matter in relation to Wales in respect of

 

which functions are exercisable by the Welsh

 

Ministers,

 

and in this definition “Wales” has the same meaning

 

as in the Government of Wales Act 2006;”.”

 
 

 
 

3

 

Before Clause 20

12

Insert the following new Clause—

 

         

“The Institute for Apprenticeships

 

    

Schedule (The Institute for Apprenticeships) establishes the Institute for

 

Apprenticeships and makes provision about its functions.”

13

Insert the following new Clause—

 

         

“The Institute for Apprenticeships: transitional provision

 

(1)    

Subsection (2) applies to—

 

(a)    

any standard approved and published by the Secretary of State

 

under section A2 of the 2009 Act before the appointed day;

 

(b)    

any plan which—

 

(i)    

relates to the assessment of a person’s attainment of

 

outcomes set out in a standard mentioned in paragraph (a),

 

and

 

(ii)    

was approved and published by the Secretary of State for

 

the purposes of that assessment before the appointed day.

 

(2)    

Such a standard or plan is to be treated on and after the appointed day as

 

having been approved by the Institute for Apprenticeships under section

 

A2A of the 2009 Act and published by it under section A2 of that Act (as

 

amended by Schedule (The Institute for Apprenticeships)).

 

(3)    

A standard or plan within subsection (1) is to be treated for the purposes of

 

section A2I of the 2009 Act (as inserted by Schedule (The Institute for

 

Apprenticeships)) as having been approved by the Institute for

 

Apprenticeships at the beginning of the appointed day.

 

(4)    

This section does not limit the provision that may be made under clause 37.

 

(5)    

In this section—

 

“the appointed day” means the day on which section A2A of the

 

Apprenticeship, Skills, Children and Learning Act 2009 (inserted by

 

Schedule (The Institute for Apprenticeships)) comes into force;

 

“the 2009 Act” means the Apprenticeships, Skills, Children and

 

Learning Act 2009.”

Clause 20

14

Page 36, line 25, after “employment” insert “in England”

15

Page 36, line 31, after “employees” insert “employed in England”

After Clause 21

16

Insert the following new Clause—

 
 

 
 

4

 
 

         

“Apprenticeships: information sharing

 

(1)    

After Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009

 

(apprenticeships, study and training) insert—

 

“Part 1A

 

Apprenticeships: information sharing

 

England

 

40A    

Sharing of information by HMRC and the Secretary of State

 

(1)    

HMRC may disclose information held by them to the Secretary of

 

State for the purpose of the Secretary of State’s functions in relation

 

to English statutory apprenticeships.

 

(2)    

The Secretary of State may disclose information to HMRC—

 

(a)    

for the purpose of requesting HMRC to disclose information

 

under subsection (1), or

 

(b)    

for another purpose connected with the Secretary of State’s

 

functions in relation to English statutory apprenticeships.

 

(3)    

In this section “English statutory apprenticeships” means—

 

(a)    

approved English apprenticeships within the meaning

 

given in section A1;

 

(b)    

apprenticeships undertaken under apprenticeship

 

agreements within the meaning given in section 32 that

 

were entered into in connection with recognised English

 

frameworks;

 

(c)    

apprenticeships in relation to which alternative English

 

completion arrangements apply under section 1(5);

 

(d)    

apprenticeships undertaken under arrangements made in

 

relation to England under section 2 of the Employment and

 

Training Act 1973 that are identified by the person making

 

them as arrangements for the provision of apprenticeships.

 

Wales, Scotland and Northern Ireland

 

40B    

Sharing of information by HMRC and devolved authorities

 

(1)    

HMRC may disclose information held by them—

 

(a)    

to a Welsh authority for the purpose of the authority’s

 

functions in relation to Welsh apprenticeships;

 

(b)    

to a Scottish authority for the purpose of the authority’s

 

functions in relation to Scottish apprenticeships;

 

(c)    

to a Northern Irish authority for the purpose of the

 

authority’s functions in relation to Northern Irish

 

apprenticeships.

 

(2)    

An authority mentioned in paragraph (a), (b) or (c) of subsection (1)

 

may disclose information to HMRC—

 

(a)    

for the purpose of requesting HMRC to disclose information

 

to the authority under subsection (1), or

 
 

 
 

5

 
 

(b)    

for another purpose connected with the authority’s

 

functions mentioned in subsection (1).

 

(3)    

In this section—

 

“Northern Irish apprenticeships” means apprenticeships

 

undertaken under arrangements made under section 1 of

 

the Employment and Training Act (Northern Ireland) 1950

 

that are identified by the person making them as

 

arrangements for the provision of apprenticeships;

 

“Northern Irish authority” means—

 

(a)    

a Northern Ireland department, and

 

(b)    

any body or other person that is prescribed, or of a

 

prescribed description;

 

“Scottish apprenticeships” means apprenticeships undertaken

 

under arrangements made—

 

(a)    

in relation to Scotland, under section 2 of the

 

Employment and Training Act 1973, or

 

(b)    

under section 2(3) of the Enterprise and New Towns

 

(Scotland) Act 1990,

 

that are identified by the person making them as

 

arrangements for the provision of apprenticeships;

 

“Scottish authority” means—

 

(a)    

the Scottish Ministers, and

 

(b)    

any body or other person that is prescribed, or of a

 

prescribed description;

 

“Welsh apprenticeships” means—

 

(a)    

apprenticeships undertaken under apprenticeship

 

agreements within the meaning given in section 32

 

that were entered into in connection with recognised

 

Welsh frameworks;

 

(b)    

apprenticeships in relation to which alternative

 

Welsh completion arrangements apply under

 

section 2(5);

 

(c)    

apprenticeships undertaken under arrangements

 

made in relation to Wales under—

 

(i)    

section 2 of the Employment and Training

 

Act 1973, or

 

(ii)    

section 17B of the Jobseekers Act 1995,

 

    

that are identified by the person making them as

 

arrangements for the provision of apprenticeships;

 

“Welsh authority” means—

 

(a)    

the Welsh Ministers, and

 

(b)    

any body or other person that is prescribed, or of a

 

prescribed description.

 

(4)    

In subsection (3)—

 

(a)    

the reference to a Northern Ireland department includes a

 

reference to a person providing services to a Northern

 

Ireland department;

 

(b)    

the reference to the Scottish Ministers includes a reference to

 

a person providing services to the Scottish Ministers;

 
 

 
 

6

 
 

(c)    

the reference to the Welsh Ministers includes a reference to

 

a person providing services to the Welsh Ministers.

 

(5)    

Regulations under this section may amend the definition in

 

subsection (3) of—

 

(a)    

“Northern Irish apprenticeships”,

 

(b)    

“Scottish apprenticeships”, or

 

(c)    

“Welsh apprenticeships”.

 

General

 

40C    

Wrongful disclosure

 

(1)    

Information disclosed by HMRC under section 40A(1) or 40B(1)

 

may not be disclosed by the recipient of the information to any

 

other person without the consent of HMRC (except so far as

 

permitted by section 40A(2) or 40B(2)).

 

(2)    

If a person discloses, in contravention of subsection (1), any revenue

 

and customs information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

 

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005

 

(wrongful disclosure) applies in relation to that disclosure as it

 

applies in relation to a disclosure of such information in

 

contravention of section 20(9) of that Act.

 

40D    

Interpretation

 

(1)    

In this Part—

 

“HMRC” means the Commissioners for Her Majesty’s

 

Revenue and Customs;

 

“revenue and customs information relating to a person” has

 

the same meaning as in section 19 of the Commissioners for

 

Revenue and Customs Act 2005 (see section 19(2) of that

 

Act).

 

(2)    

In this Part—

 

(a)    

references to HMRC include references to a person

 

providing services to HMRC;

 

(b)    

references to the Secretary of State include references to a

 

person providing services to the Secretary of State.

 

(3)    

Nothing in this Part affects any power to disclose information that

 

exists apart from this Part.”

 

(2)    

In section 262(6) of that Act (orders and regulations subject to affirmative

 

procedure) after paragraph (aa) insert—

 

“(aaa)    

regulations under section 40B;”.

 

(3)    

In section 268 of that Act (extent)—

 

(a)    

in subsection (2) (provisions extending to Scotland) for “Sections

 

40,” substitute “Section 40, Part 1A, sections”, and

 

(b)    

in subsection (3) (provisions extending to Northern Ireland) for

 

“Sections”, in the first place, substitute “Part 1A, sections”.”

 
 

 
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Revised 10 March 2016