Statement by the Delegation of the United States of America in response to the statement by the Delegation of the Russian Federation
A Small Business Commissioner is established.
The Commissioner's principal functions are—
to provide general advice and information to small businesses (see section 3), and
to consider complaints from small businesses relating to payment matters in connection with the supply of goods and services to larger businesses, and make recommendations (see sections 4 to 8).
Schedule 1 makes provision about the Commissioner.
In this Part “small business” means a relevant undertaking which—
has a headcount of staff of less than 50,
if the business threshold condition applies to the relevant undertaking, meets that condition, and
is not a public authority.
The Secretary of State may by regulations (“SBC scope regulations”) make further provision about the meaning of “small business” in this Part.
For the purposes of subsection (1)(b), the business threshold condition applies to a relevant undertaking if—
SBC scope regulations provide for that condition to apply in relation to all relevant undertakings, or
the relevant undertaking falls within a description of undertakings to which SBC scope regulations apply that condition.
A relevant undertaking meets the business threshold condition if it has a turnover, or balance sheet total, of an amount less than or equal to the small business threshold.
SBC scope regulations may (amongst other things) make provision about—
the date (“the assessment date”) on which, or the period (“the assessment period”) for which, a relevant undertaking must meet a requirement of subsection (1)(a) or (b) in order to be a small business;
the calculation of the headcount of staff, turnover or balance sheet total of a relevant undertaking at the assessment date or for the assessment period;
the circumstances in which a relevant undertaking which has been established for less than a complete assessment period is to be regarded as meeting a requirement for that period.
SBC scope regulations may provide that a relevant undertaking of a specified description is not a small business even if it falls within the definition.
SBC scope regulations may—
make transitional or transitory provision or savings;
make different provision for different purposes.
SBC scope regulations are to be made by statutory instrument.
A statutory instrument containing SBC scope regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section— “balance sheet total”, “headcount of staff”, “turnover” and “small business threshold” have such meanings as may be specified; “relevant undertaking” means a person who is carrying on one or more businesses and whose registered office or principal place of business is in the United Kingdom; “specified” means specified in SBC scope regulations.
“balance sheet total”, “headcount of staff”, “turnover” and “small business threshold” have such meanings as may be specified;
“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009.
a Measure or Act of the National Assembly for Wales, and
The Commissioner may publish, or give to small businesses, general advice or information that the Commissioner considers may be useful to small businesses in connection with their supply relationships with larger businesses.
In considering under subsection (1) what advice and information may be useful, the Commissioner must, in particular, consider how useful any advice or information would be for the purposes of encouraging small businesses to resolve disputes with larger businesses or preventing such disputes arising.
General advice or information published or given under subsection (1) may include general advice or information about—
principles of the law of contract;
other sources of rights or obligations in relation to the supply of goods or services;
dispute resolution.
General advice or information published or given under subsection (1) may also include general advice or information about—
complaint-handling bodies, ombudsmen, regulators or other persons (other than courts or tribunals) who, in connection with small businesses' supply relationships with larger businesses, may be able—
to resolve or facilitate the resolution of disputes, or
to give other advice or assistance to small businesses;
statutory rights to refer disputes in connection with such relationships for adjudication by a person other than a court or tribunal.
The Commissioner may publish, or give to small businesses, general advice or information about—
complaint-handling bodies, ombudsmen, regulators or public authorities (other than courts or tribunals) who, in connection with the supply relationships of small businesses with public authorities, may be able—
to resolve or facilitate the resolution of disputes, or
to give other advice or assistance to small businesses;
statutory rights to refer disputes in connection with such relationships for adjudication by a person other than a court or tribunal.
Advice published or given under this section must be impartial, and information published or given under this section must be presented in an impartial manner.
The powers conferred on the Commissioner by this section to publish or give general advice or information may be exercised by making arrangements with any other person in accordance with which that person publishes or provides that advice or information.
The Commissioner may make recommendations to the Secretary of State about the publication, or provision to small businesses, by the Secretary of State of advice or information of a kind which the Commissioner is authorised to publish or give under this section.
Where a recommendation is made under subsection (8), the Secretary of State must inform the Commissioner whether anything is to be done in response to the recommendation and, if it is, give details of the action to be taken.
For the purposes of this section a small business has a “supply relationship” with a larger business or public authority if—
the small business has an agreement to supply, has supplied or may supply, goods or services to the larger business or public authority, or
the larger business or public authority has an agreement to supply, has supplied or may supply, goods or services to the small business.
In this section—
“dispute” includes any difference;
“relevant complaint” has the meaning given by section 4(3);
The Secretary of State may make payments and provide other financial assistance to the Commissioner. The Secretary of State may—
The following are exempt from liability in damages for anything done or omitted in the exercise or purported exercise of their functions— But sub-paragraph (1) does not apply—
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert— “ Small Business Commissioner or Deputy Small Business Commissioner. ”
a Scottish public authority within the meaning of section 3(1) of the Freedom of Information (Scotland) Act 2002 , or
“the Commissioner” means the Small Business Commissioner;
The Commissioner must establish, maintain and administer a scheme (in this Part referred to as “the SBC complaints scheme”) under which the Commissioner—
enquires into, considers and determines relevant complaints, and
may make recommendations as to how the issues raised by those complaints may be remedied, resolved or mitigated or how similar issues may be prevented from arising in future.
The Commissioner must establish, maintain and administer the SBC complaints scheme in accordance with regulations made by the Secretary of State under section 7 (scheme regulations).
“Relevant complaint” means a complaint which—
is made by a small business (“the complainant”) which has an agreement to supply, or has supplied or may supply, goods or services to a larger business (“the respondent”),
relates to a payment matter (see subsection (4)), and
is not excluded from the scheme (see subsection (5)).
A complaint relates to a payment matter if it relates to—
a request or other act, or a failure to pay or other omission, in relation to a payment—
for or in connection with the supply of goods or services, or
in connection with the relationship or possible relationship between the small business and the larger business so far as relevant to the supply, or
any provision made or proposed to be made in connection with the supply or that relationship which restricts, or purports to restrict, any right of the small business to make a complaint under the SBC complaints scheme or to have a complaint enquired into, considered or determined under the scheme.
A complaint is excluded from the scheme if—
it relates to the appropriateness of the price payable or proposed to be payable under a contract for the goods or services supplied or to be supplied by the small business under the contract by comparison with those goods or services,
it concerns matters which are currently the subject of legal proceedings or adjudication proceedings,
it falls within the jurisdiction of an ombudsman, regulator or public authority (other than the Commissioner, a court or a tribunal),
the complainant has a statutory right to refer the complaint for adjudication by a person other than a court or tribunal,
the complaint relates to—
an act or omission which occurred before the appointed start date, or
an act or omission in accordance with a term of a contract entered into before that date, where that term has not been varied on or after that date, or
it is of a description specified by regulations made by the Secretary of State.
For the purposes of paragraph (e) of subsection (5), “the appointed start date” means the date appointed by the Secretary of State by regulations.
Regulations under this section may—
make transitory or transitional provision or savings;
make different provision for different purposes.
Regulations under subsection (6) may appoint different dates for different areas.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section (other than regulations under subsection (6)) must not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section “larger business” has the meaning given by section 3(11).
This section applies where a complaint is to be determined under the SBC complaints scheme.
The Commissioner may ask the complainant or the respondent to provide the Commissioner voluntarily with any information or documents relevant to the complaint.
The Commissioner must give the respondent, and may give the complainant, an opportunity to make representations to the Commissioner.
In enquiring into, considering and determining a complaint, the Commissioner must act impartially as between the complainant and the respondent.
A complaint is to be determined under the SBC complaints scheme by reference to what is, in the Commissioner's opinion, fair and reasonable in all the circumstances of the case.
The determination may contain one or more recommendations as to the steps that ought to be taken by the complainant or 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.
Where a complaint has been determined, the Commissioner must prepare a written statement of the determination.
The statement must give the Commissioner's reasons for the determination (including any recommendations).
If the determination does not contain any recommendations, the statement must contain the Commissioner's reasons for this.
The Commissioner must give a copy of the statement to the complainant and the respondent.
A determination made under the SBC complaints scheme is not legally binding.
The Commissioner may publish a report of the enquiry into, consideration and determination of a complaint under the SBC complaints scheme.
A report under subsection (1) must not identify the complainant, unless the complainant consents. See also section 7(7) which requires provision to be made about factors to be taken into account when deciding whether to identify the respondent in a report.
A report identifies a person if it—
mentions the person's name, or
includes any particulars which, in the Commissioner's opinion, are likely to identify the person.
Before publishing a report under subsection (1), the Commissioner must give the respondent and the complainant an opportunity to make representations to the Commissioner about the proposed publication of the report (including, in the case of the respondent, about any proposal to identify the respondent in the report).
The Secretary of State must make regulations (“scheme regulations”) about—
the making of complaints for consideration under the SBC complaints scheme,
the consideration and determination of complaints by the Commissioner, and the making of any recommendations, and
the preparation and publication of reports under section 6.
Scheme regulations must—
provide that a complaint (or part of a complaint) is, except in specified circumstances, to be dismissed if the Commissioner considers that the complainant has not previously communicated the substance of the complaint (or part) to the respondent and given the respondent a reasonable opportunity to deal with it;
provide that a complaint is not to be entertained under the SBC complaints scheme unless the complainant has referred it under the scheme before the expiry of the applicable time limit (determined in accordance with the scheme regulations);
provide that the Commissioner may extend that time limit in specified circumstances.
Scheme regulations may, among other things—
make provision about the content and form of a complaint and the manner in which it is to be made;
allow the Commissioner to fix time limits for any aspect of the proceedings and to extend a time limit;
provide that a complaint may, or may in specified circumstances, be dismissed, if or to the extent that the Commissioner considers—
that the complaint is frivolous or vexatious,
that the complaint concerns matters which are more appropriately dealt with in another way,
that the complainant has not suffered, and is not likely to suffer, any financial loss, material distress, material inconvenience or other material adverse effect, as a result of the matter to which the complaint relates,
that the matter to which the complaint relates has been remedied,
that the complainant is seeking an outcome other than a recommendation of the kind that can be made under the scheme,
that the complaint concerns matters that have been the subject of legal proceedings or adjudication proceedings,
that the matter to which the complaint relates has previously been considered under the SBC complaints scheme or by another complaints-handling body, ombudsman or regulator,
that any other condition specified by the scheme regulations is met, or
that there are other compelling reasons why it is inappropriate for the complaint to be dealt with under the SBC complaints scheme;
provide that a complaint is to be dismissed if or to the extent that it becomes the subject of legal proceedings or adjudication proceedings;
require the Commissioner to notify the person who makes a complaint under the scheme if the Commissioner considers that it is not a relevant complaint or it is dismissed in accordance with the scheme regulations;
authorise or require the Commissioner to notify the person against whom a complaint is made if it is not a relevant complaint or it is dismissed in accordance with the scheme regulations.
For the purposes of regulations under subsections (2)(a) and (3)(c) and (d) it does not matter whether there has been a consideration of the merits of the complaint by the time it is dismissed.
Scheme regulations must also specify matters which are to be taken into account, or are to be taken into account in specified circumstances, by the Commissioner in determining under the scheme whether an act or omission was fair and reasonable. Those matters must include any relevant law.
But nothing in this section requires or authorises scheme regulations to specify that particular practices are to be regarded by the Commissioner, in making that determination, as “fair” or “unfair”.
Scheme regulations must make provision about factors which are to be taken into account, or are to be taken into account in specified circumstances, by the Commissioner when deciding whether to identify the respondent in a report under section 6(1).
Scheme regulations may—
confer a discretion on the Commissioner;
make transitional or transitory provision or savings;
make different provision for different purposes.
Before making scheme regulations the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section must not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section—
The Commissioner may not make a disclosure of information that the Commissioner considers is likely to cause someone to think that a particular person has made a complaint under the SBC complaints scheme, except where subsection (2) applies.
This subsection applies if—
the Commissioner has obtained the consent of the person concerned,
the disclosure is made by the Commissioner to the respondent in relation to the complaint or in a report published under section 6,
the disclosure is required for the purposes of any assimilated obligation,
the disclosure is required, under rules of court or rules of a tribunal, or an order of a court or tribunal, for the purposes of legal proceedings of any description, or
the information has already been made available to the public from other sources.
After the end of each reporting period, the Commissioner must prepare and publish a report which—
describes what the Commissioner has done during the period,
contains a summary of the matters which the Commissioner considers to be the most significant matters raised by small businesses with the Commissioner during the period, and
states the Commissioner's recommendations (if any) as to how any of these matters might be addressed.
As well as publishing the report, the Commissioner must send a copy to the Secretary of State.
The Secretary of State must lay a copy of the report before Parliament.
In this section “reporting period” means—
the period beginning with the day on which section 1 comes into force and ending with the following 31 March, and
each successive period of 12 months.
The Secretary of State must review the Commissioner's performance for each review period.
For the purposes of subsection (1), the Secretary of State may direct the Commissioner to provide the Secretary of State with information specified in the direction.
The first review period is the period beginning with the day on which section 1 comes into force and ending 2 years after the following 31 March.
Subsequent review periods are each successive period of 3 years after the first review period.
A review must, in particular, assess how effective the Commissioner has been in carrying out his or her functions, and in doing so may, in particular, assess the impact of the Commissioner's actions on—
improving payment practices in commercial transactions;
the awareness of small businesses of, or the use by small businesses of, alternative dispute resolution procedures.
As soon as practicable after a review period, the Secretary of State must—
publish a report of the findings of the review for that period, and
lay a copy of the report before Parliament.
The Secretary of State may, by regulations, abolish the office of Small Business Commissioner if, as a result of a review under section 10, the Secretary of State is satisfied that—
it is no longer necessary for there to be a Small Business Commissioner carrying out the functions under this Part, or
the Commissioner's role has not been sufficiently effective to justify the office's continued existence.
For the purposes of subsection (1)(b), the Secretary of State must, in particular, take account of the Commissioner's role in—
carrying out any of the functions under this Part,
improving payment practices in commercial transactions, and
improving the awareness of small businesses of alternative dispute resolution procedures.
For the purposes of giving effect to the abolition of the office of Small Business Commissioner, the regulations may amend or repeal this Part or any provision made by or under any other enactment (whether passed or made before or after this Act).
Regulations under this section may make incidental, supplemental, consequential, transitional or transitory provision or savings.
Before making regulations under this section, the Secretary of State must consult—
the Small Business Commissioner (unless that office is vacant),
such other persons as appear to the Secretary of State to be persons affected by the regulations, and
such other persons as the Secretary of State considers appropriate.
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.
In this section “regulations” means regulations under section 11.
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—
draft regulations, and
an explanatory document.
The explanatory document must—
explain why the Secretary of State considers that one of the conditions in section 11(1) is met, and
contain a summary of representations received in the consultation.
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).
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.
The procedure in subsections (7) to (10) applies to the draft regulations instead of the procedure in subsection (5) if—
either House of Parliament so resolves within the 30-day period, or
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.
The Secretary of State must have regard to— made during the 60-day period with regard to the draft regulations.
any representations,
any resolution of either House of Parliament, and
any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations,
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—
revised draft regulations, and
a statement giving a summary of the changes proposed.
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.
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.
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.
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.
Regulations are to be made by statutory instrument.
In this Part—
“small business” has the meaning given by section 2;
Regulations may amend any relevant public sector scheme to ensure that if any exit payment restriction would have effect to prevent retirement benefits becoming immediately payable under the scheme without reduction— Regulations may also amend any relevant public sector scheme to ensure that if any exit payment restriction has effect to prevent a payment being made by the employer under the scheme in respect of the whole or any part of an extra charge arising to the scheme as a result of retirement benefits becoming immediately payable to a member without reduction— Regulations under this paragraph may be made— Regulations under this paragraph may make— Regulations under this paragraph (other than regulations made by the Scottish Ministers) are to be made by statutory instrument. A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. Regulations under this paragraph made by the Scottish Ministers are subject to the negative procedure. In this paragraph—
Northern Ireland legislation.
“SBC complaints scheme” has the meaning given by section 4(1);
“SBC complaints scheme” has the meaning given by section 4(1);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 22 of the Small Business, Enterprise and Employment Act 2015 (definition of “qualifying regulatory provisions” etc) is amended as follows.
In subsection (6)(c) (“statutory provision” includes a provision which has effect by virtue of the exercise of a function conferred on a Minister of the Crown by an Act)—
after “Minister of the Crown” insert “or a relevant regulator”;
after “by”, in the second place, insert “or under”.
After subsection (8) insert—
Schedule 2 makes amendments consequential on subsections (1) to (3), and related amendments.
The amendments made by this section and Schedule 2 apply in relation to the whole of the relevant period in which this section comes into force.
The first regulations made under section 22(9) of the 2015 Act (as inserted by subsection (3)) apply in relation to the whole of the relevant period in which they come into force.
If those regulations come into force in a reporting period mentioned in any of section 23(7)(b) to (d) of the 2015 Act then, in respect of past reporting periods—
section 24A(3) of the 2015 Act (as inserted by paragraph 4 of Schedule 2) does not apply;
the required documents (see subsection (2) of that section) must be published no later than two weeks after the end of the reporting period in which the regulations come into force.
Subsequent regulations made under section 22(9) of the 2015 Act may make provision corresponding to subsections (6) and (7) in respect of the relevant period in which the regulations come into force.
In this section—
“larger business” means a person carrying on one or more businesses who—
After section 23 of the Legislative and Regulatory Reform Act 2006 insert—
After section 110 of the Deregulation Act 2015 insert—
In section 111 of that Act (interpretation of sections 108 to 110)—
in the heading and subsection (1) for “110” substitute “ 110A ”, and
in subsection (4) for “and 110” substitute “ to 110A ”.
In section 24 of the Legislative and Regulatory Reform Act 2006 (application of regulators' principles and code of practice to functions specified by order)—
for paragraph (c) of subsection (3) (Wales: limit on power of Minister of the Crown to specify functions) substitute—;
in subsection (4) (power of Welsh Ministers to specify functions) for “regulatory functions exercisable only in or as regards Wales” substitute “ Welsh regulatory functions ”;
“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—
Omit subsection (5) of section 24 of the Legislative and Regulatory Reform Act 2006 (which prevents the regulators' principles and code from being applied to regulatory functions of the Gas and Electricity Markets Authority, the Office of Communications, the Office of Rail and Road or the Water Services Regulation Authority).
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)—
after “must” insert “ so far as is reasonable ”, and
omit third “the”.
For Part 2 of the Regulatory Enforcement and Sanctions Act 2008 (co-ordination of regulatory enforcement) substitute—
For Schedule 4 to the Regulatory Enforcement and Sanctions Act 2008 (enforcement action: references to the Secretary of State) substitute Schedule 4A set out in Schedule 3 to this Act.
The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
In each of the following provisions, for “Welsh ministerial” substitute “ devolved Welsh ”
in section 4 (meaning of “relevant function”), subsections (6) and (8)(b);
in section 6 (guidance to local authorities), subsections (1) and (1A);
in section 10 (advice to Welsh Ministers), subsection (1)(a);
in section 12 (relationship between Secretary of State and other regulators), subsection (3);
in section 16 (guidance or directions by Welsh Ministers), subsection (1);
in section 36 (power to make orders providing for civil sanctions), subsection (2);
in section 59 (consultation and consent for civil sanctions orders: Wales), subsection (2);
in section 73 (functions to which duty not to impose or maintain unnecessary regulatory burdens applies), subsections (3)(c), (4)(c) and (5).
In section 73 (functions to which section 72 applies), in subsections (3)(c) and (4)(c), for “in Wales” substitute “ in relation to Wales ”.
In section 74 (general interpretation)—
omit the definition of “Welsh ministerial matter”;
“devolved Welsh matter” means — and in this definition “Wales” has the same meaning as in the Government of Wales Act 2006;
Schedule 4 establishes the Institute for Apprenticeships and makes provision about its functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (2) applies to—
any standard approved and published by the Secretary of State under section A2 of the 2009 Act before the appointed day;
any plan which—
relates to the assessment of a person’s attainment of outcomes set out in a standard mentioned in paragraph (a), and
was approved and published by the Secretary of State for the purposes of that assessment before the appointed day.
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 4).
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 4) as having been approved by the Institute for Apprenticeships at the beginning of the appointed day.
This section does not limit the provision that may be made under clause 43.
In this section—
In Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships: England), after section A8 insert—
In section 262(6) of that Act (regulations etc subject to affirmative resolution procedure), before paragraph (aa) insert—.
In Chapter A1 of Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships: England), after section A10 (inserted by section 24) insert—
In Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc), in paragraph 10, at the appropriate place insert— “ section A11(7)(a) of the Apprenticeships, Skills, Children and Learning Act 2009; ”.
After Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeships, study and training) insert—
In section 262(6) of that Act (orders and regulations subject to affirmative procedure) after paragraph (aa) insert—.
In section 268 of that Act (extent)—
in subsection (2) (provisions extending to Scotland) for “Sections 40,” substitute “ Section 40, Part 1A, sections ”, and
in subsection (3) (provisions extending to Northern Ireland) for “Sections”, in the first place, substitute “ Part 1A, sections ”.
In section 100(1A) of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources in connection with approved English apprenticeships)—
for “approved English apprenticeships”, in both places, substitute “ English statutory apprenticeships ”, and
after subsection (4) insert—
After section 13 of the Insurance Act 2015 (remedies for fraudulent claims: group insurance) insert—
In section 22 of that Act (application etc of Parts 2 to 5), after subsection (3) insert—
After section 16 of the Insurance Act 2015 (contracting out: non-consumer contracts) insert—
In section 17(1) of that Act (the transparency requirements), after “16(2)” insert “ or 16A(4) ”.
After section 5 of the Limitation Act 1980 insert—
The Local Government Finance Act 1988 is amended as follows.
In Part 3 (non-domestic rating), after section 63 insert—
In section 143 (orders and regulations), in subsection (4ZA) after “section” insert “ 63A or ”.
Section 55 of the Local Government Finance Act 1988 (non-domestic rating: alteration of lists) is amended as follows.
After subsection (4) insert—
After subsection (5) insert—
After subsection (7A) insert—
For subsection (8) substitute—
In section 143 of that Act (orders and regulations), after subsection (3C) insert—
Schedule 5, which contains amendments of employment legislation relating to the rights of shop workers to opt out of working on Sunday, has effect.
In section 8(8) of the Industrial Development Act 1982 (allowable assistance per project)—
for “the Secretary of State pays or undertakes to pay” substitute “ are paid, or undertaken to be paid, ”;
after “shall not exceed £10 million” insert “ in the case of payments made, or undertakings given by, the Scottish Ministers, or £30 million in any other case ”;
after “the said sum of £10 million” insert “ or £30 million ”.
The Industrial Development Act 1982 is amended as follows.
In section 13 (improvement of basic services), in the heading, at the end insert “ in development areas and intermediate areas ”.
After that section insert—
In section 16(1)(a) (Secretary of State's accounts), for “13 and 14” substitute “ 13 to 14 ”.
In section 20(3) (extent)—
for “and 12” substitute “ , 12 and 13A ”;
after “sections 15” insert “ , 16 ”.
The Treasury or the Secretary of State may—
provide grants, loans, guarantees or indemnities, or any other kind of financial assistance (actual or contingent) to UK Government Investments Limited, or
make other payments to UK Government Investments Limited.
“UK Government Investments Limited” means the private company limited by shares incorporated on 11 September 2015 with the company number 09774296.
Part 1 of the Enterprise and Regulatory Reform Act 2013 (UK Green Investment Bank) is amended as follows.
Omit the following provisions—
section 1 (the green purposes);
section 3 (alteration of Bank's objects where it is designated by Secretary of State);
section 5 (accounts, reports etc where Bank is designated by Secretary of State).
In section 2 (designation of Bank)—
for the heading substitute “ Interpretation ”,
omit subsections (1) to (8) (Secretary of State's power to designate), and
after subsection (9) insert—
In section 4 (financial assistance from the Secretary of State)—
in subsection (1)—
omit “Where an order has been made under section 2,”,
for “the UK Green Investment Bank” substitute “ a UK Green Investment Bank company ”, and
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 ”,
in subsection (3), in paragraphs (d) and (e), for “the Bank” substitute “ the company ”,
omit subsection (5), and
in subsection (6) (no effect on other powers to give financial assistance to the Bank)—
for “the Bank”, in the first place, substitute “ a UK Green Investment Bank company ”, and
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 ”.
In section 6 (documents to be laid before Parliament)—
in subsection (1)(a) omit “after an order has been made under section 2,”,
in subsection (1)(b) for “the Bank” substitute “ a UK Green Investment Bank company ”, and
omit subsections (3) and (4).
After section 6 insert—
The Secretary of State may not make regulations under section 44 appointing the day on which section 37 comes into force unless the Secretary of State has—
decided to make a disposal of shares held by the Crown in a UK Green Investment Bank company, and
laid before Parliament a report on the proposed disposal (or, if more than one, on each of them) which states—
the kind of disposal intended,
the expected time-scale for the disposal, and
the Secretary of State's objectives for the disposal.
In this section “UK Green Investment Bank company” means—
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
a company that is or at any time has been in the same group as that company.
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.
In section 43 of the Small Business, Enterprise and Employment Act 2015 (pubs code: market rent only option), in subsection (6)(b), after “in lieu of rent” insert “ (whether or not it results in a proposal that the rent, or amount of money payable, should increase) ”.
In Part 4 of the Small Business, Enterprise and Employment Act 2015 (the Pubs Code Adjudicator and the Pubs Code), after section 71 insert—
Before section 154 of the Small Business, Enterprise and Employment Act 2015 (but after the italic heading preceding that section) insert—
Schedule 6 makes amendments consequential on subsection (1), and related provision.
The Secretary of State or the Treasury may by regulations make such provision as appears to the Secretary of State or the Treasury to be appropriate in consequence of this Act.
The power conferred by subsection (1) includes power—
to make transitional, transitory or saving provision;
to amend, repeal, revoke or otherwise modify any provision made by or under an enactment (including an enactment passed or made in the same Session as this Act).
Regulations under this section are to be made by statutory instrument.
An instrument containing regulations under this section which amend, repeal or revoke any provision of primary legislation may not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Subject to that, an instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
is not a small business,
“primary legislation” means—
has a place of business in the United Kingdom, and
The Secretary of State may appoint one or more Deputy Commissioners.
The Employment Rights Act 1996 is amended as follows.
The Commissioner may delegate any of the Commissioner's functions to a Deputy Commissioner.
In section 41 (opted-out shop workers and betting workers), for subsection (3) substitute—
After section 41 insert—
Section 42 (explanatory statement) is amended as follows. In the heading, after “statement” insert “ : betting workers ”. In subsection (1) omit “shop worker or”. In subsection (2)— In subsection (3) omit “shop worker or”. Omit subsection (4). In subsection (6)—
In the heading of section 43, after “work” insert “ : opting-out notices ”.
After section 43 (in Part 4) insert—
After section 45 insert—
In section 48 (complaints to employment tribunals), after subsection (1) insert—
After section 101 insert—
In section 108 (qualifying period of employment), in subsection (3) after paragraph (d) insert—.
In section 236 (orders and regulations), in subsection (3) after “27B,” insert “ 41A that include provision under subsection (4)(c) of that section, ”.
an Act of Parliament,
The Commissioner is a corporation sole.
A defect in appointment does not affect the validity of things done by the Commissioner, a Deputy Commissioner or a member of staff acting as the Commissioner under paragraph 8(2)(c).
The application of the Commissioner's seal must be authenticated by the signature of— A document purporting to be duly executed under the seal—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ Small Business Commissioner. ”
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), at the appropriate place insert— “ Small Business Commissioner. ”
Service as the Commissioner or a Deputy Commissioner is not service in the civil service of the state.
In the Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356)— The provision made by sub-paragraph (1) may be amended or revoked as if it had been made under section 1 of the Public Service Pensions Act 2013. The provision made by this paragraph is without prejudice to the generality of the powers conferred by paragraph 4.
an Act of the Scottish Parliament,
The Secretary of State or the Treasury may by regulations made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State or the Treasury considers appropriate in connection with the coming into force of any provision of this Act.
The following provisions of this Act come into force on the day on which this Act is passed—
any power to make regulations under Part 1 (Small Business Commissioner);
section 14 (extension of business impact target to provisions made by regulators) for the purpose of enabling the exercise of the power to make regulations under subsection (9) of section 22 of the Small Business, Enterprise and Employment Act 2015 (as inserted by section 14);
section 20 and Schedule 3 (extension of primary authority scheme) for the purpose of enabling the exercise of any power to make regulations under any provision of the Regulatory Enforcement and Sanctions Act 2008 inserted by that section or Schedule;
section 33 and Schedule 5 (Sunday working) for the purpose of enabling the exercise of any power to make regulations under any provision of the Employment Rights Act 1996 inserted by that Schedule;
section 38 (UK Green Investment Bank: transitional provision);
paragraph 2 of Schedule 2 (things to be included in Secretary of State's report in respect of the business impact target), and section 14 (which introduces Schedule 2) so far as relating to that paragraph;
this Part.
The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
section 14 (extension of business impact target to provisions made by regulators) (so far as not already in force under subsection (1));
section 18 (application of regulators' principles and code: removal of restrictions);
section 24 (public sector apprenticeship targets);
section 31 (disclosure of HMRC information in connection with non-domestic rating);
section 32 (alteration of non-domestic rating lists);
sections 34 and 35 (industrial development);
Schedule 2 (business impact target: consequential and related amendments) (so far as not already in force under subsection (1)).
Sections 28 to 30 (late payment of insurance claims) come into force at the end of the period of one year beginning with the day on which this Act is passed (and section 23(2) of the Insurance Act 2015 (which provides for the coming into force of provisions of that Act) does not apply to the provisions inserted into that Act by those sections).
The following provisions of this Act come into force on such day as the Treasury may by regulations appoint—
section 36 (UK Government Investments Limited);
section 41 and Schedule 6 (restriction on public sector exit payments).
Subject to subsections (1) to (4), the provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
Regulations under this section are to be made by statutory instrument.
Regulations under this section may appoint different days—
for different purposes;
for different areas.
The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
Part 1 (Small Business Commissioner) (except paragraphs 1, 15 and 18 to 21 of Schedule 1);
subsections (5) to (9) of section 14 (application of changes relating to the business impact target in relation to the relevant period in which they come into force);
section 26 (apprenticeships: information sharing);
sections 28 and 29 (late payment of insurance claims);
section 35 (grants etc towards electronic communications services and networks), except subsection (2);
section 36 (UK Government Investments Limited);
section 38 (UK Green Investment Bank: transitional provision);
paragraphs 4 and 5(2) and (3) of Schedule 6 (public sector exit payments: amendments of public sector schemes);
this Part.
Paragraphs 1 and 15 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.
Section 23 (the Institute for Apprenticeships: transitional provision) extends to England and Wales.
Subject to subsection (1), any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.
This Act may be cited as the Enterprise Act 2016.
Section 1
a public authority within the meaning of section 3(1) of the Freedom of Information Act 2000, ...
The Commissioner is to be appointed by the Secretary of State.
The Secretary of State may pay to or in respect of the person holding office as the Commissioner or a Deputy Commissioner—
remuneration;
allowances;
sums by way of or in respect of pensions.
The Commissioner must make procedural arrangements for dealing with any conflict of interest affecting— The Commissioner must consult the Secretary of State before making or revising the arrangements. The Commissioner must publish a summary of the arrangements.
In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—
in subsection (2)(b), after “change)” insert “ or under section 41B or 41C of that Act (duty to give a written statement in relation to rights not to work on Sunday) ”;
in subsection (3)(b), after “1996” insert “ or under section 41B or 41C of that Act ”.
an Act of the Scottish Parliament,
The Commissioner may appoint staff. Staff are to be appointed on terms and conditions determined by the Commissioner. 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— Service as a member of the Commissioner's staff appointed under sub-paragraph (1) is not service in the civil service of the state.
The Commissioner may do anything that is calculated to facilitate the carrying out of the Commissioner's functions or is conducive or incidental to the carrying out of those functions.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), at the appropriate place insert— “ Small Business Commissioner or Deputy Small Business Commissioner. ”
A person holds and vacates office as the Commissioner or a Deputy Commissioner in accordance with the terms of the appointment, but—
the initial term of office may not be more than 4 years,
a person may be appointed for no more than 2 further terms of office (whether as the Commissioner or a Deputy Commissioner),
a further term may not be more than 3 years,
the person may resign by giving written notice to the Secretary of State, and
the Secretary of State may dismiss the person if satisfied that the person is unable, unwilling or unfit to perform his or her functions.
The nominated person is to act as Commissioner— “The nominated person” means— For the purposes of this paragraph a person is “disqualified” if the person is absent, subject to suspension or unable to act (whether as a result of arrangements under paragraph 9 or otherwise).
The Commissioner may make arrangements for persons to be seconded to the Commissioner to serve as members of the Commissioner's staff. 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). 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 11(4) affects such a person's continuity of service in the civil service of the state).
Before appointing staff under paragraph 11 or making arrangements under paragraph 12(1), the Commissioner must obtain the approval of the Secretary of State as to the Commissioner's policies on—
the number of staff to be appointed or seconded;
payments to be made to or in respect of staff;
the terms and conditions on which staff are to be appointed or seconded.
Section 14
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Section 20
This is the Schedule 4A to be substituted for Schedule 4 to the Regulatory Enforcement and Sanctions Act 2008—
Section 22
The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
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Before section A1 insert— “ Introductory ”
In section A1 (meaning of “approved English apprenticeship”), in subsection (3)(a) for “the Secretary of State has published an approved apprenticeship standard under section A2” substitute “ an approved apprenticeship standard has been published under section A2 ”.
For section A2 (approved apprenticeship standards) substitute—
Section A3 (power to issue apprenticeship certificate) is amended as follows. In subsection (1) for “to” substitute “ in respect of ”. In subsection (2), for paragraph (b) substitute—
In section 122 (sharing of information for education and training purposes)—
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in subsection (5) (functions for the purposes of which information may be provided)—
omit the “or” at the end of paragraph (b), and
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Section 33
Section 41
“enactment” includes any provision of primary legislation;
In section 154 of the Small Business, Enterprise and Employment Act 2015 (regulations in connection with repayment of public sector exit payments)—
in subsection (4)(c), after “retirement” insert “ or in respect of the cost to a pension scheme of such a reduction not being made ”,
after subsection (6), insert—, and
in the heading, after “with” insert “ repayment of ”.
In section 156 of that Act (power to make regulations exercisable by the Treasury or Scottish Ministers)—
for subsection (4) substitute—, and
in the heading, after “regulations” insert “ under section 154(1) ”.
In section 161 of that Act (supplementary provision about regulations), in subsection (1), after “section 1” insert “ , 153A ”.