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| | Company Law Reform Bill [Lords]
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| | [TENTH AND ELEVENTH sittingS]
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| | | Amendment (219) proposed, in page 159, line 30, to leave out subsection (1) and insert |
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| | | ‘(1) | Subject to the exemptions in subsection (5), a trade union is a political |
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| | | organisation for the purposes of this Part.’.—(James Brokenshire.) |
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| | | Question proposed, That the Amendment be made. |
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| | Clause 356, page 159, line 33, at end insert— |
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| | | ‘(3) | In addition to the other requirements set out in this Part, a donation may only be |
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| | | made to a trade union if such trade union currently has in force a political |
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| | | resolution authorising the trade union to apply its funds in the furtherance of |
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| | | political objects and such political resolution authorised donations or expenditure |
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| | | under one or more of the following heads— |
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| | | (a) | donations to political parties or independent election candidates; |
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| | | (b) | donations to political organisations other than political parties; or |
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| | | (c) | political expenditure |
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| | | | in each case up to a specified amount in the period for which the resolution has |
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| | | (4) | For the purposes of subsection (3), “political expenditure” shall have the meaning |
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| | | set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52) |
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| | | and “political resolution” shall have the meaning set out in the Trade Union and |
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| | | Labour Relations (Consolidation) Act 1992 (c.52) save that the reference in |
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| | | section 73(3) of that act to “ten years” shall be deemed to be “four years”. |
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| | | (5) | A donation to a trade union shall not be a political donation for the purposes of |
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| | | this Part to the extent that it is made— |
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| | | (a) | to provide or facilitate the provision of education and training of |
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| | | employees of a relevant company; |
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| | | (b) | to assist the trade union in representing employees of a relevant |
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| | | (c) | to assist the trade union in consulting with and meeting employees of a |
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| | | (d) | to facilitate the investigation of any matter relating to the terms and |
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| | | conditions of any employee of a relevant company; |
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| | | (e) | to assist or to facilitate negotiations between the trade union and a |
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| | | relevant company and any of its representatives in connection with any |
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| | | complaint or dispute between the company and its employees (or any of |
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| | | (f) | to otherwise promote good employment relations between a relevant |
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| | | company and its employees. |
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| | | | For this purpose a relevant company includes the company by which the donation |
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| | | was made, any holding company of the company by which the donation was |
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| | | made, any subsidiary of such holding company or any subsidiary of the company |
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| | | by which the donation was made.’. |
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| | Clause 357, page 159, line 36, at end insert ‘provided that the association itself |
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| | makes no political donations or political expenditure as defined in sections 346 and 347 |
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| | Clause 358, page 160, line 5, leave out ‘not’. |
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| | Clause 359, page 160, line 23, at end add— |
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| | | ‘(5) | No order under this section shall discriminate in favour of or against any political |
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| | Clause 360, page 160, line 25, after ‘donation’, insert ‘by a company or a |
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| | subsidiary of a UK company (as defined in section 352(5))’. |
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| | Clause 360, page 160, line 30, at end insert— |
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| | | ‘(1A) | Authorisation under this Part is not needed for donations satisfying the provisions |
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| | | of section 52(2)(b) of the Political Parties, Elections and Referendum Act 2000.’. |
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| | Clause 360, page 160, line 36, after ‘subsidiary,’, insert ‘any other’. |
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| | Clause 360, page 160, line 39, after ‘subsidiary,’, insert ‘any other’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 361 and 604 to 636 Agreed to. |
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| | Clause 637, page 312, line 30, at end insert— |
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| | | ‘(iii) | any person appointed as an authorised signatory of the |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 638 and 639 Agreed to. |
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| | Clause 640, page 314, line 12, leave out ‘in the case of a public company,’. |
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| | Clause 676, page 334, line 14, after ‘insert’ insert ‘after section 446’. |
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| | Clause 676, page 334, line 14, leave out ‘after section 446.’. |
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| | | Clauses 677 to 680 and 694 to 701 Agreed to. |
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| | Clause 702, page 349, line 34, at end insert— |
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| | | ‘(2A) | Legal proceedings may be issued against the overseas company at any time in |
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| | | either its name or the name under which it is registered pursuant to this section.’. |
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| | Clause 704, page 351, line 6, leave out ‘negative’ and insert ‘affirmative’. |
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| | | Clauses 705 to 723 Agreed to. |
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| | Clause 724, page 358, line 21, leave out subsection (1). |
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| | Clause 724, page 358, line 22, after ‘(2)’, insert ‘Notwithstanding the provisions of |
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| | Clause 725, page 358, line 26, leave out subsection (1). |
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| | | Clauses 726 to 729 Agreed to. |
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| | Clause 730, page 361, leave out line 23. |
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| | | Clauses 731 and 732 Agreed to. |
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| | Clause 733, page 364, line 11, leave out from ‘from’ to ‘that’ in line 12 and insert |
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| | Clause 735, page 365, line 16, at end insert ‘or |
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| | | (ba) | is appointed as an authorised signatory of a company,’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 736, page 365, line 42, at end insert ‘provided that if the registrar has |
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| | received a written request from the company for possession of such documents, then the |
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| | registrar shall send such documents in hard copy form to the company.’. |
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| | | Clauses 737 to 739 Agreed to. |
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| | | Negatived on division 383 |
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| | Clause 740, page 367, line 46, at end insert— |
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| | | ‘(ja) | any name or address of any member of the company (save for the |
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| | Clause 741, page 368, line 10, after ‘address’, insert ‘and name’. |
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| | Clause 741, page 368, line 10, after ‘address’, insert ‘or all addresses’. |
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| | Clause 741, page 368, line 13, at end insert ‘in addition to the company and the |
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| | individual whose name and address is the subject of disclosure’. |
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| | | Clauses 742 to 745 Agreed to. |
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| | Clause 746, page 370, leave out line 12. |
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| | | Negatived on division 388 |
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| | Clause 747, page 371, line 4, at end add— |
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| | | ‘(6) | If any person suffers any loss or damage or incurs any expense as a result, direct |
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| | | or indirect, of a failure by the registrar to perform the registrar’s functions, the |
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| | | registrar shall indemnify and keep indemnified that person against all such loss, |
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| | Clause 748, page 371, line 34, at end add— |
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| | | ‘(7) | The Secretary of State may by regulations make provision for the registrar, on |
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| | | application, to remove from the register any material that derives either from |
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