Legalize / United Kingdom / Public General Act

Enterprise Act 2016

Type Public General Act

Publication 2016-05-04

Last updated 2025-06-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(40A) (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. (40B) (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 (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— 1. a Northern Ireland department, and 2. any body or other person that is prescribed, or of a prescribed description; - “Scottish apprenticeships” means apprenticeships undertaken under arrangements made— 1. in relation to Scotland, under section 2 of the Employment and Training Act 1973, or 2. under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990, - “Scottish authority” means— 1. the Scottish Ministers, and 2. any body or other person that is prescribed, or of a prescribed description; - “Welsh apprenticeships” means— 1. apprenticeships undertaken under apprenticeship agreements within the meaning given in section 32 that were entered into in connection with recognised Welsh frameworks; 2. apprenticeships in relation to which alternative Welsh completion arrangements apply under section 2(5); 3. apprenticeships undertaken under arrangements made in relation to Wales under— 1. section 2 of the Employment and Training Act 1973, or 2. section 17B of the Jobseekers Act 1995, - “Welsh authority” means— 1. the Welsh Ministers, and 2. 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; (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”. (40C) (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) (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 ”.

Apprenticeship funding

27

In section 100(1A) of the Apprenticeships, Skills, Children and Learning Act 2009 (provision of financial resources in connection with approved English apprenticeships)—

(a) for “approved English apprenticeships”, in both places, substitute “ English statutory apprenticeships ”, and

(b) after subsection (4) insert—

(5) In this section “English statutory apprenticeship” has the same meaning as in section 40A (see subsection (3) of that section).

PART 5 — Late payment of insurance claims

Insurance contracts: implied term about payment of claims

28

(1) After section 13 of the Insurance Act 2015 (remedies for fraudulent claims: group insurance) insert—

(13A) (1) It is an implied term of every contract of insurance that if the insured makes a claim under the contract, the insurer must pay any sums due in respect of the claim within a reasonable time. (2) A reasonable time includes a reasonable time to investigate and assess the claim. (3) What is reasonable will depend on all the relevant circumstances, but the following are examples of things which may need to be taken into account— (a) the type of insurance, (b) the size and complexity of the claim, (c) compliance with any relevant statutory or regulatory rules or guidance, (d) factors outside the insurer's control. (4) If the insurer shows that there were reasonable grounds for disputing the claim (whether as to the amount of any sum payable, or as to whether anything at all is payable)— (a) the insurer does not breach the term implied by subsection (1) merely by failing to pay the claim (or the affected part of it) while the dispute is continuing, but (b) the conduct of the insurer in handling the claim may be a relevant factor in deciding whether that term was breached and, if so, when. (5) Remedies (for example, damages) available for breach of the term implied by subsection (1) are in addition to and distinct from— (a) any right to enforce payment of the sums due, and (b) any right to interest on those sums (whether under the contract, under another enactment, at the court's discretion or otherwise).

(2) In section 22 of that Act (application etc of Parts 2 to 5), after subsection (3) insert—

(3A) Part 4A applies only in relation to contracts of insurance entered into after that Part has come into force, and variations to such contracts.

Contracting out of the implied term about payment of claims

29

(1) After section 16 of the Insurance Act 2015 (contracting out: non-consumer contracts) insert—

(16A) (1) A term of a consumer insurance contract, or of any other contract, which would put the consumer in a worse position as respects any of the matters provided for in section 13A than the consumer would be in by virtue of the provisions of that section (so far as relating to consumer insurance contracts) is to that extent of no effect. (2) A term of a non-consumer insurance contract, or of any other contract, which would put the insured in a worse position as respects deliberate or reckless breaches of the term implied by section 13A than the insured would be in by virtue of that section is to that extent of no effect. (3) For the purposes of subsection (2) a breach is deliberate or reckless if the insurer— (a) knew that it was in breach, or (b) did not care whether or not it was in breach. (4) A term of a non-consumer insurance contract, or of any other contract, which would put the insured in a worse position as respects any of the other matters provided for in section 13A than the insured would be in by virtue of the provisions of that section (so far as relating to non-consumer insurance contracts) is to that extent of no effect, unless the requirements of section 17 have been satisfied in relation to the term. (5) In this section references to a contract include a variation. (6) This section does not apply in relation to a contract for the settlement of a claim arising under an insurance contract.

(2) In section 17(1) of that Act (the transparency requirements), after “16(2)” insert “ or 16A(4) ”.

Additional time limit for actions for damages for late payment of insurance claims

30

After section 5 of the Limitation Act 1980 insert—

(5A) (1) An action in respect of breach of the term implied into a contract of insurance by section 13A of the Insurance Act 2015 (late payment of claims) may not be brought after the expiration of one year from the date on which the insurer has paid all the sums referred to in subsection (1) of that section. (2) Any payment which extinguishes an insurer's liability to pay a sum referred to in section 13A of the Insurance Act 2015 is to be treated for the purposes of this section as payment of that sum.

PART 6 — Non-domestic rating

Disclosure of HMRC information in connection with non-domestic rating

31

(1) The Local Government Finance Act 1988 is amended as follows.

(2) In Part 3 (non-domestic rating), after section 63 insert—

(63A) (1) An officer of the Valuation Office of Her Majesty's Revenue and Customs may disclose Revenue and Customs information to a qualifying person for a qualifying purpose. (2) Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose. (3) Each of the following is a “qualifying person”— (a) a billing authority; (b) a major precepting authority; (c) a person authorised to exercise any function of an authority within paragraph (a) or (b) relating to non-domestic rating; (d) a person providing services to an authority within paragraph (a) or (b) relating to non-domestic rating; (e) the Secretary of State; (f) the Welsh Ministers; (g) a prescribed person. (4) Each of the following is a “qualifying purpose”— (a) enabling or assisting the qualifying person to whom the disclosure is made, or any other qualifying person, to carry out any functions conferred by or under this Part which are not functions of the Secretary of State or the Welsh Ministers; (b) enabling or assisting the Secretary of State or the Welsh Ministers to carry out functions conferred by or under section 53 or 54 (central non-domestic rating), or by or under Schedule 9 so far as relating to central non-domestic rating lists; (c) any other prescribed purpose relating to non-domestic rating. (5) In this section— - “prescribed” means— 1. in relation to England, prescribed by regulations made by the Secretary of State, and 2. in relation to Wales, prescribed by regulations made by the Welsh Ministers; - “Revenue and Customs information” means information held as mentioned in section 18(1) of the Commissioners for Revenue and Customs Act 2005. (6) Regulations under this section may only be made with the consent of the Commissioners for Her Majesty's Revenue and Customs. (63B) (1) Information disclosed under section 63A or this section may not be further disclosed unless that further disclosure is— (a) to a qualifying person for a qualifying purpose, (b) for the purposes of the initiation or conduct of any proceedings relating to the enforcement of any obligation imposed by or under this Part of this Act, (c) in pursuance of a court order, (d) with the consent of each person to whom the information relates, or (e) required or permitted under any other enactment. (2) Information may not be disclosed under subsection (1)(a) to a qualifying person within section 63A(3)(c), (d), (e), (f) or (g) except with the consent of the Commissioners for Her Majesty's Revenue and Customs (which may be general or specific). (3) Information disclosed to a qualifying person under this section may be retained and used for any qualifying purpose. (4) A person commits an offence if the person contravenes subsection (1) or (2) by disclosing information relating to a person whose identity— (a) is specified in the disclosure, or (b) can be deduced from it. (5) It is a defence for a person charged with an offence under this section of disclosing information to prove that the person reasonably believed— (a) that the disclosure was lawful, or (b) that the information had already lawfully been made available to the public. (6) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both. (7) A prosecution for an offence under this section may be instituted only by or with the consent of the Director of Public Prosecutions. (8) In relation to an offence under this section committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (increase in maximum term that may be imposed on summary conviction of offence triable either way) the reference in subsection (6)(a) to 12 months is to be taken as a reference to 6 months. (9) This section is without prejudice to the pursuit of any remedy or the taking of any action in relation to a contravention of subsection (1) or (2) (whether or not subsection (4) applies to the contravention). (10) In this section— - “qualifying person” has the same meaning as in section 63A; - “qualifying purpose” has the same meaning as in that section. (63C) (1) Revenue and customs information relating to a person which has been disclosed under section 63A or 63B is exempt information by virtue of section 44(1)(a) of the Freedom of Information Act 2000 (prohibition on disclosure) if its further disclosure— (a) would specify the identity of the person to whom the information relates, or (b) would enable the identity of such a person to be deduced. (2) In this section “revenue and customs information relating to a person” has the same meaning as in section 19(2) of the Commissioners for Revenue and Customs Act 2005.

(3) In section 143 (orders and regulations), in subsection (4ZA) after “section” insert “ 63A or ”.

Alteration of non-domestic rating lists

32

(1) Section 55 of the Local Government Finance Act 1988 (non-domestic rating: alteration of lists) is amended as follows.

(2) After subsection (4) insert—

(4A) In relation to an English list or a Welsh list, the provision that may be included in the regulations by virtue of subsection (4) includes— (a) provision about the steps that must be taken before a person may make a proposal for an alteration of the list (which may include steps designed to ensure the person checks the accuracy and completeness of any information on which any decision by the valuation officer has been based and gives the valuation officer an opportunity to consider the results of those checks and alter the list); (b) provision restricting the circumstances in which any of those steps may be taken and provision about the timing of any step; (c) provision for valuation officers to impose financial penalties on persons who, in, or in connection with, proposals for the alteration of the list, knowingly, recklessly or carelessly provide information which is false in a material particular. (4B) If provision is made by virtue of subsection (4A)(c)— (a) the maximum amount of any penalty that may be specified in, or determined in accordance with, the regulations is £500; (b) the regulations must require any sum received by a valuation officer by way of penalty to be paid into the appropriate fund; (c) the regulations may include provision for any penalty to be recovered by the valuation officer concerned as a civil debt due to the officer; (d) the regulations must include provision enabling a person on whom a financial penalty is imposed to appeal against the imposition of the penalty or its amount to the valuation tribunal.

(3) After subsection (5) insert—

(5A) In relation to a proposal made by a person to alter an English list or a Welsh list, the provision that may be included in regulations by virtue of subsection (5) includes provision— (a) about the grounds on which an appeal may be made; (b) about the matters which are not to be taken into account by the valuation tribunal as part of an appeal; (c) about the circumstances in which new evidence may be admitted on an appeal, and about the conduct of an appeal in relation to such evidence; (d) about the payment of fees by ratepayers in relation to appeals, the payment of those fees into the appropriate fund and the circumstances in which those fees are to be refunded. This subsection is without prejudice to the powers to make regulations conferred by Part 3 of Schedule 11 (tribunals: procedure, orders, etc).

(4) After subsection (7A) insert—

(7B) For the purposes of subsections (4B)(b) and (5A)(d) “the appropriate fund” means— (a) where the provision made by virtue of subsection (4A)(c) or (5) is in relation to a proposal to alter an English list, the Consolidated Fund, and (b) where the provision made by virtue of subsection (4A)(c) or (5) is in relation to a proposal to alter a Welsh list, the Welsh Consolidated Fund.

(5) For subsection (8) substitute—

(8) In this section— - “English list” means— 1. a local non-domestic rating list that has to be compiled for a billing authority in England, or 2. the central non-domestic rating list that has to be compiled for England; - “valuation tribunal” means— 1. in relation to England, the Valuation Tribunal for England; 2. in relation to Wales, a valuation tribunal established under paragraph 1 of Schedule 11; - “Welsh list” means— 1. a local non-domestic rating list that has to be compiled for a billing authority in Wales, or 2. the central non-domestic rating list that has to be compiled for Wales.

(6) In section 143 of that Act (orders and regulations), after subsection (3C) insert—

(3D) Any power to make regulations conferred by section 55 (alteration of non-domestic rating lists) is exercisable by statutory instrument. (3E) A statutory instrument which contains (whether alone or with other provision) regulations made by virtue of section 55(4A)(c) or (4B) (alteration of non-domestic rating lists: financial penalties) may not be made unless— (a) where those regulations relate to a proposal to alter an English list, a draft of the instrument has been laid before and approved by a resolution of each House of Parliament; (b) where those regulations relate to a proposal to alter a Welsh list, a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales. (3F) Any other statutory instrument containing regulations under section 55 is— (a) in the case of regulations relating to England, subject to annulment in pursuance of a resolution of either House of Parliament; (b) in the case of regulations relating to Wales, subject to annulment in pursuance of a resolution of the National Assembly for Wales. (3G) In subsection (3E), “English list” and “Welsh list” have the same meaning as in section 55.

PART 7 — Sunday working

Sunday working

33

Schedule 5, which contains amendments of employment legislation relating to the rights of shop workers to opt out of working on Sunday, has effect.

Industrial development

Allowable assistance under Industrial Development Act 1982

34

In section 8(8) of the Industrial Development Act 1982 (allowable assistance per project)—

(a) for “the Secretary of State pays or undertakes to pay” substitute “ are paid, or undertaken to be paid, ”;

(b) 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 ”;

Grants etc towards electronic communications services and networks

35

(1) The Industrial Development Act 1982 is amended as follows.

(2) In section 13 (improvement of basic services), in the heading, at the end insert “ in development areas and intermediate areas ”.

(3) After that section insert—

(13A) (1) This section applies if it appears to the Secretary of State that adequate provision has not been made for an area in respect of electronic communications facilities. (2) The Secretary of State may, with the consent of the Treasury, make a grant or loan towards the cost of improving an electronic communications facility if— (a) the Secretary of State considers that doing so is likely to contribute to the development of industry in the area, or (b) the Secretary of State considers that doing so is likely to benefit the area in any other way (for example, by improving social or economic inclusion), and the grant or loan is made to an undertaking that is, or is to be, carried on in the area. (3) In this section— (a) “area” means the United Kingdom or a part or area of the United Kingdom; (b) “electronic communications facility” means an electronic communications network, electronic communications service or associated facility, as defined by section 32 of the Communications Act 2003. (4) The power conferred by this section is in addition to any other powers of the Secretary of State to make grants or loans.

(4) In section 16(1)(a) (Secretary of State's accounts), for “13 and 14” substitute “ 13 to 14 ”.

(5) In section 20(3) (extent)—

(a) for “and 12” substitute “ , 12 and 13A ”;

(b) after “sections 15” insert “ , 16 ”.

UK Government Investments Limited

36

(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 11 September 2015 with the company number 09774296.

UK Green Investment Bank

Disposal of Crown’s shares in UK Green Investment Bank company

37

(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);

(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

(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 ”,

(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

(6) After section 6 insert—

(6A) (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 38 of the Enterprise Act 2016 as well as to a report under this section.

UK Green Investment Bank: transitional provision

38

(1) 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—

(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.

The Pubs Code Adjudicator and the Pubs Code

Market rent only option: rent assessments etc

39

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) ”.

Reports on avoidance

40

In Part 4 of the Small Business, Enterprise and Employment Act 2015 (the Pubs Code Adjudicator and the Pubs Code), after section 71 insert—

(71A) (1) The Adjudicator must report to the Secretary of State on cases of pub-owning businesses engaging in business practices which are, in the Adjudicator's opinion, unfair business practices. (2) A report under subsection (1) must include recommendations as to— (a) actions to be taken to prevent pub-owning businesses from engaging in the business practices reported on, and (b) how to provide redress for tied pub tenants affected by those practices. (3) The Secretary of State must issue a statement within three months of receiving a report under subsection (1) setting out— (a) action which the Secretary of State intends to take to protect tied pub tenants affected by the business practices reported on, or (b) if the Secretary of State does not intend to take such action, the reasoning for that decision. (4) In this section “unfair business practice” means a business practice which— (a) is engaged in by a pub-owning business at any time after the passing of this Act in order to avoid, to the detriment of tied pub tenants, the operation of provision made by or under this Part, and (b) is unfair.

PART 9 — Public sector employment: restrictions on exit payments

Restriction on public sector exit payments

41

(1) Before section 154 of the Small Business, Enterprise and Employment Act 2015 (but after the italic heading preceding that section) insert—

(153A) (1) Regulations may make provision to secure that the total amount of exit payments made to a person in respect of a relevant public sector exit does not exceed £95,000. (2) Where provision is made under subsection (1) it must also secure that if, in any period of 28 consecutive days, two or more relevant public sector exits occur in respect of the same person, the total amount of exit payments made to the person in respect of those exits does not exceed the amount provided for in subsection (1). (3) An exit payment is in respect of a relevant public sector exit if it is made— (a) to an employee of a prescribed public sector authority in consequence of the employee leaving employment, or (b) to a holder of a prescribed public sector office in consequence of the office-holder leaving office. (4) An exit payment is a payment of a prescribed description. (5) The descriptions of payment which may be prescribed include— (a) any payment on account of dismissal by reason of redundancy (read in accordance with section 139 of the Employment Rights Act 1996); (b) any payment on voluntary exit; (c) any payment to reduce or eliminate an actuarial reduction to a pension on early retirement or in respect of the cost to a pension scheme of such a reduction not being made; (d) any severance payment or other ex gratia payment; (e) any payment in respect of an outstanding entitlement; (f) any payment of compensation under the terms of a contract; (g) any payment in lieu of notice; (h) any payment in the form of shares or share options. (6) In this section a reference to a payment made to a person includes a reference to a payment made in respect of that person to another person. (7) For the purposes of subsection (2), a public sector exit occurs when the person leaves the employment or office in question (regardless of when any exit payment is made). (8) Regulations may include— (a) provision which exempts from any provision made under subsection (1) exit payments, or exit payments of a prescribed description, made in prescribed circumstances; (b) provision which, in consequence of provision made under subsection (1), amends a relevant public sector scheme so as to make any duty or power under the scheme to make exit payments subject to any restriction imposed by regulations under subsection (1) (taking account of any relaxation of such a restriction which may be made under section 153C); (c) provision which makes an amendment of any provision made by or under an enactment (whenever passed or made) which is necessary or expedient in consequence of any provision made by or under this section. (9) Regulations may substitute a different amount for the amount for the time being specified in subsection (1). (10) Nothing in this section applies in relation to payments made by authorities who wholly or mainly exercise functions which could be conferred by provision included in an Act of the Northern Ireland Assembly made without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998). (11) In this section— - “enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation; - “prescribed” means prescribed by regulations under this section; - “relevant public sector scheme” means— 1. a scheme under section 1 of the Superannuation Act 1972 (civil servants); 2. a scheme under section 7 of that Act (local government workers); 3. a scheme under section 9 of that Act (teachers); 4. a scheme under section 10 of that Act (health service workers); 5. a scheme under section 1 of the Public Service Pensions Act 2013 (schemes for persons in public service); 6. a scheme under section 26 of the Fire Services Act 1947 or section 34 of the Fire and Rescue Services Act 2004 (fire and rescue workers); 7. a scheme under section 1 of the Police Pensions Act 1976 or section 48 of the Police and Fire Reform (Scotland) Act 2012 (members of police forces); 8. any other prescribed scheme (whether established by or under an enactment or otherwise). (153B) (1) Subject to subsection (2), the power to make regulations under section 153A is exercisable— (a) by the Scottish Ministers, in relation to payments made by a relevant Scottish authority; (b) by the Welsh Ministers, in relation to relevant Welsh exit payments; (c) by the Treasury, in relation to any other payments. (2) Where the relevant Scottish authority is the Scottish Administration (or a part of it) the power to make regulations under section 153A is exercisable by the Treasury (instead of the Scottish Ministers)— (a) in relation to payments made to the holders of offices in the Scottish Administration which are not ministerial offices (read in accordance with section 126(8) of the Scotland Act 1998), and (b) in relation to payments made to members of the staff of the Scottish Administration (read in accordance with section 126(7)(b) of that Act). (3) The power to make provision of the kind mentioned in section 153A(8)(b) (power to amend public sector schemes), so far as exercisable by the Treasury, is also exercisable concurrently by any other Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) with the consent of the Treasury. (4) Regulations under section 153A— (a) if made by the Treasury, are subject to the affirmative resolution procedure; (b) if made by the Scottish Ministers, are subject to the affirmative procedure; (c) if made by the Welsh Ministers, may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the National Assembly for Wales. (5) In this section “relevant Scottish authority” means— (a) the Scottish Parliamentary Corporate Body, or (b) any authority which wholly or mainly exercises functions within devolved competence (within the meaning of section 54 of the Scotland Act 1998). (6) In this section “relevant Welsh exit payments” means exit payments made to holders of the following offices— (a) member of the National Assembly for Wales; (b) the First Minister for Wales; (c) Welsh Minister appointed under section 48 of the Government of Wales Act 2006; (d) Counsel General to the Welsh Government; (e) Deputy Welsh Minister; (f) member of a county council or a county borough council in Wales; (g) member of a National Park Authority in Wales; (h) member of a Fire and Rescue Authority in Wales. (153C) (1) A Minister of the Crown may relax any restriction imposed by regulations made by the Treasury under section 153A. (2) The Scottish Ministers may relax any restriction imposed by regulations made by the Scottish Ministers under section 153A. (3) The Welsh Ministers may relax any restriction imposed by regulations made by the Welsh Ministers under section 153A. (4) A requirement may be relaxed— (a) in respect of a particular employee or office-holder or a description of employees or office-holders; (b) in relation to the whole or any part of an exit payment, or a description of exit payments. (5) Regulations under section 153A made by the Treasury may— (a) make provision for the power under subsection (1) to be exercisable on behalf of a Minister of the Crown by a person specified in the regulations; (b) except in relation to exit payments made by a relevant Welsh authority, make provision for a requirement to be relaxed only— (i) with the consent of the Treasury, or (ii) following compliance with any directions given by the Treasury; (c) make provision as to the publication of information about any relaxation of a requirement granted. (6) Regulations under section 153A made by the Scottish Ministers may— (a) make provision for the power under subsection (2) to be exercisable on behalf of the Scottish Ministers by a person specified in the regulations; (b) where provision is made by virtue of paragraph (a), make provision for a requirement to be relaxed only— (i) with the consent of the Scottish Ministers, or (ii) following compliance with any directions given by the Scottish Ministers; (c) make provision as to the publication of information about any relaxation of a requirement granted. (7) Regulations under section 153A made by the Welsh Ministers may— (a) make provision for the power under subsection (3) to be exercisable on behalf of the Welsh Ministers by a person specified in the regulations; (b) where provision is made by virtue of paragraph (a), make provision for a requirement to be relaxed only— (i) with the consent of the Welsh Ministers, or (ii) following compliance with any directions given by the Welsh Ministers; (c) make provision as to the publication of information about any relaxation of a requirement granted. (8) Regulations made by the Treasury under section 153A(1)— (a) must, if they make provision in relation to exit payments made by a relevant Welsh authority, provide for the power conferred on a Minister of the Crown by subsection (1) to be exercised instead by the Welsh Ministers in relation to those exit payments; (b) may provide for the power conferred on a Minister of the Crown by subsection (1) to be exercised instead by the Welsh Ministers in relation to exit payments made by any other authority who is not a relevant Welsh authority but who wholly or mainly exercises functions in relation to Wales (but this does not limit the provision that may be made under subsection (5)(a)). (9) In this section— - “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975; - “relevant Welsh authority” means an authority who wholly or mainly exercises functions which could be conferred by provision falling within the legislative competence of the National Assembly for Wales (as defined in section 108 of the Government of Wales Act 2006).

(2) Schedule 6 makes amendments consequential on subsection (1), and related provision.

PART 10 — General provisions

Consequential amendments, repeals and revocations

42

(1) 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.

(2) The power conferred by subsection (1) includes power—

(a) to make transitional, transitory or saving provision;

(b) 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).

(3) Regulations under this section are to be made by statutory instrument.

(4) 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.

(5) Subject to that, an instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section—

“enactment” includes any provision of primary legislation;

“primary legislation” means—an Act of Parliament,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, andNorthern Ireland legislation.

Transitional, transitory or saving provision

43

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.

Commencement

44

(1) The following provisions of this Act come into force on the day on which this Act is passed—

(a) any power to make regulations under Part 1 (Small Business Commissioner);

(b) 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);

(c) 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;

(d) 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;

(e) section 38 (UK Green Investment Bank: transitional provision);

(f) 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;

(g) this Part.

(2) 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—

(a) section 14 (extension of business impact target to provisions made by regulators) (so far as not already in force under subsection (1));

(b) section 18 (application of regulators' principles and code: removal of restrictions);

(d) section 31 (disclosure of HMRC information in connection with non-domestic rating);

(e) section 32 (alteration of non-domestic rating lists);

(f) sections 34 and 35 (industrial development);

(g) Schedule 2 (business impact target: consequential and related amendments) (so far as not already in force under subsection (1)).

(3) 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).

(4) The following provisions of this Act come into force on such day as the Treasury may by regulations appoint—

(a) section 36 (UK Government Investments Limited);

(b) section 41 and Schedule 6 (restriction on public sector exit payments).

(5) 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.

(6) Regulations under this section are to be made by statutory instrument.

(7) Regulations under this section may appoint different days—

(a) for different purposes;

(b) for different areas.

Extent

45

(1) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

(a) Part 1 (Small Business Commissioner) (except paragraphs 1, 15 and 18 to 21 of Schedule 1);

(b) 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);

(d) sections 28 and 29 (late payment of insurance claims);

(e) section 35 (grants etc towards electronic communications services and networks), except subsection (2);

(f) section 36 (UK Government Investments Limited);

(g) section 38 (UK Green Investment Bank: transitional provision);

(h) paragraphs 4 and 5(2) and (3) of Schedule 6 (public sector exit payments: amendments of public sector schemes);

(i) this Part.

(2) 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.

(3) Section 23 (the Institute for Apprenticeships: transitional provision) extends to England and Wales.

(4) Subject to subsection (1), any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.

Short title

46

This Act may be cited as the Enterprise Act 2016.

SCHEDULE 1

Status

1

The Commissioner is a corporation sole.

Appointment of Commissioner

2

The Commissioner is to be appointed by the Secretary of State.

Deputy Commissioners

3

The Secretary of State may appoint one or more Deputy Commissioners.

4

The Commissioner may delegate any of the Commissioner's functions to a Deputy Commissioner.

Term of office etc

5

A person holds and vacates office as the Commissioner or a Deputy Commissioner in accordance with the terms of the appointment, but—

(a) the initial term of office may not be more than 4 years,

(b) a person may be appointed for no more than 2 further terms of office (whether as the Commissioner or a Deputy Commissioner),

(d) the person may resign by giving written notice to the Secretary of State, and

(e) the Secretary of State may dismiss the person if satisfied that the person is unable, unwilling or unfit to perform his or her functions.

Remuneration

6

The Secretary of State may pay to or in respect of the person holding office as the Commissioner or a Deputy Commissioner—

(a) remuneration;

(b) allowances;

Commissioner and Deputy Commissioners not civil servants

7

Service as the Commissioner or a Deputy Commissioner is not service in the civil service of the state.

Acting as Commissioner during vacancy etc

8

(1) The nominated person is to act as Commissioner—

(a) during any vacancy in the office of Commissioner, or

(b) if the Commissioner is disqualified.

(2) “The nominated person” means—

(a) if there is only one Deputy Commissioner who is not disqualified, that Deputy Commissioner,

(b) if there is more than one Deputy Commissioner who is not disqualified, such of them as the Secretary of State appoints to act as Commissioner, or

(c) if neither paragraph (a) nor (b) applies, a member of the Commissioner's staff appointed under paragraph 11, or seconded under paragraph 12, who is appointed by the Secretary of State to act as Commissioner.

(3) 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).

Conflicts of interest

9

(1) The Commissioner must make procedural arrangements for dealing with any conflict of interest affecting—

(a) the Commissioner,

(b) a Deputy Commissioner,

(d) any other staff working for the Commissioner.

(2) The Commissioner must consult the Secretary of State before making or revising the arrangements.

(3) The Commissioner must publish a summary of the arrangements.

Validity of acts

10

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).

Staff

11

(1) The Commissioner may appoint staff.

(2) Staff are to be appointed on terms and conditions determined by the Commissioner.

(3) The terms and conditions on which a member of staff is appointed may provide for the Commissioner to pay to or in respect of the member of staff—

(a) remuneration;

(b) allowances;

(4) Service as a member of the Commissioner's staff appointed under sub-paragraph (1) is not service in the civil service of the state.

12

(1) The Commissioner may make arrangements for persons to be seconded to the Commissioner to serve as members of the Commissioner's staff.

(2) The arrangements may include provision for payments by the Commissioner to the person with whom the arrangements are made or directly to seconded staff (or both).

(3) A period of secondment to the Commissioner does not affect the continuity of a person's employment with the employer from whose service he or she is seconded (and, in particular, nothing in paragraph 11(4) affects such a person's continuity of service in the civil service of the state).

13

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—

(a) the number of staff to be appointed or seconded;

(b) payments to be made to or in respect of staff;

Financial and other assistance from the Secretary of State

14

(1) The Secretary of State may make payments and provide other financial assistance to the Commissioner.

(2) The Secretary of State may—

(a) provide staff in accordance with arrangements made by the Secretary of State and the Commissioner under paragraph 12;

(b) provide premises, facilities or other assistance to the Commissioner.

Application of seal and proof of documents

15

(1) The application of the Commissioner's seal must be authenticated by the signature of—

(a) the Commissioner, or

(b) a person who has been authorised by the Commissioner for that purpose (whether generally or specially).

(2) A document purporting to be duly executed under the seal—

(a) is to be received in evidence, and

(b) is to be treated as duly executed unless the contrary is shown.

Incidental powers

16

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.

Exemption from liability for damages

17

(1) The following are exempt from liability in damages for anything done or omitted in the exercise or purported exercise of their functions—

(a) the Commissioner,

(b) a Deputy Commissioner,

(d) any other staff working for the Commissioner.

(2) But sub-paragraph (1) does not apply—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (acts of public authorities).

Parliamentary Commissioner Act 1967

18

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert— “ Small Business Commissioner. ”

House of Commons Disqualification Act 1975

19

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. ”

Northern Ireland Assembly Disqualification Act 1975

20

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. ”

Freedom of Information Act 2000

21

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), at the appropriate place insert— “ Small Business Commissioner. ”

SCHEDULE 2

1

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2

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3

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4

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5

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SCHEDULE 3

This is the Schedule 4A to be substituted for Schedule 4 to the Regulatory Enforcement and Sanctions Act 2008—

SCHEDULE 4

1

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Before section A1 insert— “ Introductory ”

4

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 ”.

5

For section A2 (approved apprenticeship standards) substitute—

(A2) (1) The IfA must publish— (a) standards for such sectors of work as the IfA considers appropriate for the purposes of this Chapter, and (b) assessment plans in respect of published standards. (2) Each standard must— (a) describe the sector of work to which it relates, and (b) if there is more than one standard for the sector, describe the kind of work within the sector to which it relates. (3) Each standard must set out the outcomes that persons seeking to complete an approved English apprenticeship are expected to attain in order to achieve the standard. (4) An assessment plan in respect of a standard is a plan in accordance with which a person's attainment of the outcomes set out in the standard is to be assessed. (5) Each assessment plan must— (a) specify the standard to which it relates, and (b) set out the proposed arrangements for evaluating the quality of any assessment provided for by the plan. (6) The following provisions supplement the provision made by this section— - section A2A makes provision about the preparation of apprenticeship standards and assessment plans; - sections A2B to A2D make provision related to ensuring the quality of apprenticeship assessments; - sections A2E and A2F make provision about the review, revision and withdrawal of apprenticeship standards and assessment plans; - section A2G makes provision for independent examinations of apprenticeship standards and assessment plans; - section A2H makes provision about the maintenance of a published list of apprenticeship standards and assessment plans; - section A2I provides for the automatic transfer to the IfA of copyright in apprenticeship standards and assessment plans. (A2A) (1) Each standard or assessment plan published under section A2 must have been prepared by a group of persons and approved by the IfA. (2) The group of persons that prepared a standard or assessment plan published under section A2 must have been approved by the IfA for the purposes of this section. (3) The IfA may provide advice or assistance to a group of persons in connection with the preparation of a standard or assessment plan. (4) The IfA must publish— (a) information about matters that it takes into account when deciding whether or not to approve standards or plans for the purposes of subsection (1); (b) information about matters that it takes into account when deciding whether or not to approve groups of persons for the purposes of subsection (2). (5) When making a decision of the kind mentioned in subsection (4)(a) or (b) in a particular case, the IfA may also take into account such other matters as it considers appropriate in the case in question. (6) Information published under subsection (4) may be revised or replaced, and the IfA must publish under that subsection any revised or replacement information. (A2B) (1) The IfA must secure that evaluations are carried out of the quality of apprenticeship assessments provided by persons in relation to assessment plans published under section A2. (2) “Apprenticeship assessment” means the assessment of a person's attainment of the outcomes set out in the standard to which the assessment plan relates. (3) For the purposes of subsection (1) the IfA may approve or make arrangements for other persons to carry out evaluations. (A2C) (1) If the IfA considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, it may carry out a review of the assessment, or make arrangements with another person for the carrying out of such a review. (2) The IfA may, in consequence of a review, make arrangements for the purpose of improving the quality of the assessment to which the review relates. (3) If the IfA— (a) considers that the quality of any apprenticeship assessment provided by a person is or may become unsatisfactory, or (b) that a person who provides an apprenticeship assessment has failed to co-operate with a review carried out under this section or with arrangements made under subsection (2), it may report the matter to the Secretary of State or such other person as the IfA considers appropriate. (4) A report under subsection (3) may contain recommendations as to the action to be taken by the person to whom the report is made. (5) The IfA may publish a report under subsection (3). (A2D) (1) The IfA may establish a committee with— (a) the function of giving the IfA advice on the performance of its functions under sections A2B and A2C, and (b) such other functions as may be conferred on the committee by the IfA. (2) A majority of the members of the committee— (a) must be persons who appear to the IfA to have experience of the assessment of education or training, and (b) must not be members of the IfA. (3) Subject to that, Schedule A1 applies to a committee established under this section as it applies to committees established under paragraph 7 of that Schedule. (A2E) (1) The IfA must maintain arrangements for the review at regular intervals of each standard or assessment plan published under this Chapter, with a view to determining whether the standard or plan ought to be revised or withdrawn. (2) In respect of each standard or assessment plan published under this Chapter, the IfA must publish information about the intervals at which those reviews are to be conducted. (A2F) (1) The IfA may— (a) publish a revised version of a standard or assessment plan published under this Chapter, or (b) withdraw a standard or assessment plan published under this Chapter (with or without publishing another in its place). (2) Section A2A applies in relation to a revised version of a standard or plan published under this section as it applies in relation to a standard or plan published under section A2. (A2G) (1) Before the IfA approves a standard or assessment plan for the purposes of section A2A(1) it must make arrangements for the carrying out of an examination of the standard or plan by an independent third party. (2) The duty imposed by subsection (1) does not apply in relation to a revised version of a standard or assessment plan, but the IfA may, for the purposes of a review under section A2E or at any other time, make arrangements for the carrying out of an examination of a standard or assessment plan by an independent third party. (3) Where an examination of a standard or assessment plan is carried out under this section, the IfA must take account of the finding of the examination in exercising its functions in relation to the standard or plan under this Chapter. (4) Nothing in subsection (1) prevents the IfA deciding to reject a standard or assessment plan without first making arrangements for the carrying out of an examination by an independent third party. (A2H) (1) The IfA must maintain a list of the standards and assessment plans published by it under this Chapter. (2) In respect of each standard and plan listed (including any revised version), the list must include details of when it comes into force. (3) Where a revised version is listed, the list must include a general description of the cases to which the revised version applies. (4) Where a standard or plan has been withdrawn, the list must include details of when the withdrawal comes into force and a general description of the cases to which it applies. (5) The IfA must secure that the list is available free of charge at all reasonable times. (A2I) (1) This section applies where— (a) a standard or assessment plan is approved by the IfA under section A2A, and (b) a person (other than the IfA) is entitled, immediately before the time the approval is given, to any right or interest in any copyright in the standard or plan. (2) The right or interest is, by virtue of this section, transferred from that person to the IfA at the time the approval is given. (3) The IfA must ensure that a standard or assessment plan in relation to which a right or interest has transferred by virtue of subsection (2) is made available to the public, subject to any conditions that the IfA considers appropriate.

6

(1) Section A3 (power to issue apprenticeship certificate) is amended as follows.

(2) In subsection (1) for “to” substitute “ in respect of ”.

(3) In subsection (2), for paragraph (b) substitute—

(b) the supply by the Secretary of State of apprenticeship certificates issued under that subsection, and copies of those certificates, to— (i) persons in respect of whom they were issued; (ii) persons for whom those persons work or have worked under approved English apprenticeship agreements to which the certificates relate.

7

In section 122 (sharing of information for education and training purposes)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (5) (functions for the purposes of which information may be provided)—

(i) omit the “or” at the end of paragraph (b), and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

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9

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10

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11

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SCHEDULE 5

Employment Rights Act 1996

1

The Employment Rights Act 1996 is amended as follows.

2

In section 41 (opted-out shop workers and betting workers), for subsection (3) substitute—

(3) In this Act “notice period”, in relation to an opted-out shop worker or an opted-out betting worker, means— (a) in the case of an opted-out shop worker who does shop work in or about a large shop, the period of one month beginning with the day on which the opting-out notice concerned was given; (b) in any other case, the period of three months beginning with that day. This subsection is subject to sections 41D(2) and 42(2).

3

After section 41 insert—

(41A) (1) A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday. (2) In this Part— - “additional hours” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours; - “objection notice” means a notice given under subsection (1). (3) The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations. (4) Regulations under this section may provide— (a) for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations; (b) for a calculation of the kind mentioned in paragraph (a) to be varied in special cases; (c) for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph). (5) Provision under subsection (4)(b) or (c) may, in particular, include provision— (a) about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations; (b) for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations. (6) But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice. (7) Regulations under this section may make different provision for different purposes. (41B) (1) This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays. (2) The employer must give to the shop worker a written statement informing the shop worker of the following rights— (a) the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker); (b) the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice. (3) The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1). (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn). (5) A statement under this section must comply with such requirements as to form and content as regulations may provide. (6) Regulations under this section may make different provision for different purposes. (41C) (1) This section applies where— (a) under a contract of employment a shop worker is or may be required to do shop work on Sundays, and (b) the shop worker was employed under that contract on the day before the commencement date. (2) The shop worker's employer must give to the shop worker a written statement informing the shop worker of the rights mentioned in section 41B(2). (3) The statement must be given before the end of the period of two months beginning with the commencement date. (4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn). (5) A statement under this section must comply with such requirements as to form and content as regulations may provide. (6) Regulations under this section may make different provision for different purposes. (7) In this section “commencement date” means the date appointed by regulations under section 44 of the Enterprise Act 2016 for the coming into force of section 33 of, and Schedule 5 to, that Act. (41D) (1) This section applies if an employer fails to give to a shop worker a written statement in accordance with— (a) section 41B(2) and (3), or (b) section 41C(2) and (3). (2) If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows— (a) if the notice period under that provision would have been one month, it becomes 7 days instead; (b) if the notice period under that provision would have been three months, it becomes one month instead. (3) If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows— (a) if the relevant period under that provision would have been one month, it becomes 7 days instead; (b) if the relevant period under that provision would have been three months, it becomes one month instead.

4

(1) Section 42 (explanatory statement) is amended as follows.

(2) In the heading, after “statement” insert “ : betting workers ”.

(3) In subsection (1) omit “shop worker or”.

(4) In subsection (2)—

(a) in paragraph (a) omit “shop worker or”;

(b) in paragraph (b)—

(i) after “the” omit “shop worker or”;

(ii) omit “an opted-out shop worker or”;

(5) In subsection (3) omit “shop worker or”.

(6) Omit subsection (4).

(7) In subsection (6)—

(a) for “forms” substitute “ form ”;

(b) for “subsections (4) and (5)” substitute “ subsection (5) ”.

5

In the heading of section 43, after “work” insert “ : opting-out notices ”.

6

After section 43 (in Part 4) insert—

(43ZA) (1) Where a shop worker gives to his or her employer an objection notice, any agreement entered into between the shop worker and the employer becomes unenforceable to the extent that— (a) it requires the shop worker to do shop work for additional hours on Sunday after the end of the relevant period, or (b) it requires the employer to provide the shop worker with shop work for additional hours on Sunday after the end of that period. (2) The “relevant period” is— (a) in the case of a shop worker who is or may be required to do shop work in or about a large shop, the period of one month beginning with the day on which the objection notice is given; (b) in any other case, the period of three months beginning with that day. This subsection is subject to section 41D(3). (3) A shop worker who has given an objection notice may revoke the notice by giving a further written notice to the employer. (4) Where— (a) a shop worker gives to the employer a notice under subsection (3), and (b) after giving the notice the shop worker expressly agrees with the employer to do shop work for additional hours on Sunday (whether on Sundays generally or on a particular Sunday), the contract of employment between the shop worker and the employer is to be taken to be varied to the extent necessary to give effect to the terms of the agreement. (5) The reference in subsection (1) to any agreement— (a) includes the contract of employment under which the shop worker is employed immediately before giving the objection notice; (b) includes an agreement of a kind mentioned in subsection (4), or a contract of employment as taken to be varied under that subsection, only if an objection notice is given in relation to the working of additional hours under that agreement or contract as varied. (43ZB) (1) In this Part— - “additional hours” has the meaning given in section 41A(2); - “large shop” means a shop which has a relevant floor area exceeding 280 square metres; - “objection notice” has the meaning given in section 41A(2); - “regulations” means regulations made by the Secretary of State. (2) In the definition of “large shop” in subsection (1)— (a) “shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods; (b) “relevant floor area” means the internal floor area of so much of the large shop in question as consists of or is comprised in a building. (3) For the purposes of subsection (2), any part of the shop which is not used for the serving of customers in connection with the sale or display of goods is to be disregarded. (4) The references in subsections (2) and (3) to the sale of goods does not include— (a) the sale of meals, refreshments or alcohol (within the meaning of the Licensing Act 2003 or, in relation to Scotland, the Licensing (Scotland) Act 2005 (asp 16)) for consumption on the premises on which they are sold, or (b) the sale of meals or refreshments prepared to order for immediate consumption off those premises.

7

After section 45 insert—

(45ZA) (1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn. (2) The shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on Sunday or on a particular Sunday. (3) Subsection (2) does not apply to anything done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period. (4) A shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer on the ground that the shop worker gave (or proposed to give) an objection notice to the employer. (5) Subsections (2) and (4) do not apply where the detriment in question amounts to dismissal (within the meaning of Part 10). (6) For the purposes of this section, a shop worker who does not do shop work for additional hours on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by— (a) a failure to pay remuneration in respect of doing shop work for additional hours on Sunday which the shop worker has not done, or (b) a failure to provide any other benefit where the failure results from the application (in relation to a Sunday on which the shop worker has not done shop work for additional hours) of a contractual term under which the extent of the benefit varies according to the number of hours worked by, or the remuneration paid to, the shop worker. (7) Subsections (8) and (9) apply where— (a) an employer offers to pay a sum specified in the offer to a shop worker if he or she agrees to do shop work for additional hours on Sunday or on a particular Sunday, and (b) the shop worker— (i) has given an objection notice to the employer that has not been withdrawn, or (ii) is not obliged under a contract of employment to do shop work for additional hours on Sunday. (8) A shop worker to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure— (a) to make the offer to the shop worker, or (b) to pay the shop worker the sum specified in the offer. (9) A shop worker who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay the shop worker the sum specified in the offer. (10) In this section— - “additional hours” and “objection notice” have the meanings given by section 41A(2); - “relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).

8

In section 48 (complaints to employment tribunals), after subsection (1) insert—

(1YA) A shop worker may present a complaint to an employment tribunal that he or she has been subjected to a detriment in contravention of section 45ZA.

9

After section 101 insert—

(101ZA) (1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed. (2) The shop worker is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or the principal reason) for the dismissal is that he or she refused, or proposed to refuse, to do shop work for additional hours on Sunday or on a particular Sunday. (3) Subsection (2) does not apply where the reason (or principal reason) for the dismissal is that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period. (4) A shop worker who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or principal reason) for the dismissal is that the worker gave (or proposed to give) an objection notice to the employer. (5) In this section— - “additional hours” and “objection notice” have the meanings given by section 41A(2); - “relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).

10

In section 108 (qualifying period of employment), in subsection (3) after paragraph (d) insert—

(da) subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,

11

In section 236 (orders and regulations), in subsection (3) after “27B,” insert “ 41A that include provision under subsection (4)(c) of that section, ”.

Employment Act 2002

12

In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—

(a) 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) ”;

(b) in subsection (3)(b), after “1996” insert “ or under section 41B or 41C of that Act ”.

SCHEDULE 6

Small Business, Enterprise and Employment Act 2015

1

In section 154 of the Small Business, Enterprise and Employment Act 2015 (regulations in connection with repayment of public sector exit payments)—

(a) in subsection (4)(c), after “retirement” insert “ or in respect of the cost to a pension scheme of such a reduction not being made ”,

(b) after subsection (6), insert—

(7) In this section a reference to a payment made to a person includes a reference to a payment made in respect of that person to another person.

, and

2

In section 156 of that Act (power to make regulations exercisable by the Treasury or Scottish Ministers)—

(a) for subsection (4) substitute—

(4) The first regulations made by the Treasury under section 154(1) are subject to the affirmative resolution procedure. (4A) The first regulations made by the Scottish Ministers under section 154(1) are subject to the affirmative procedure.

, and

(b) in the heading, after “regulations” insert “ under section 154(1) ”.

3

In section 161 of that Act (supplementary provision about regulations), in subsection (1), after “section 1” insert “ , 153A ”.

Power to amend public sector schemes

4

(1) 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—

(a) the retirement benefits may become immediately payable under the scheme subject to the appropriate early payment deduction, and

(b) the member may opt to buy out all or part of that deduction.

(2) 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—

(a) the retirement benefits become payable immediately subject to the appropriate early payment deduction except to the extent that the extra charge arising to the scheme as a result of not making that deduction has been met by a payment made by the employer under the scheme, but

(b) the member may opt to buy out all or part of that early payment deduction.

(3) Regulations under this paragraph may be made—

(a) in relation to exit payments made by a relevant Scottish authority (other than exit payments to which section 153B(2) of the Small Business, Enterprise and Employment Act 2015 applies), by the Scottish Ministers, and

(b) in any other case, by—

(i) the Treasury, or

(ii) another Minister of the Crown with the consent of the Treasury.

(4) Regulations under this paragraph may make—

(a) consequential, incidental or supplemental provision;

(b) transitional or transitory provision, or savings;

(5) Regulations under this paragraph (other than regulations made by the Scottish Ministers) are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Regulations under this paragraph made by the Scottish Ministers are subject to the negative procedure.

(8) In this paragraph—

“the appropriate early payment deduction” means such adjustment as is shown as appropriate in actuarial guidance issued by the Secretary of State;

“exit payment restriction” means a restriction imposed by regulations under section 153A of the Small Business, Enterprise and Employment Act 2015;

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

“relevant public sector scheme” has the same meaning as in section 153A of the Small Business, Enterprise and Employment Act 2015;

“relevant Scottish authority” has the meaning given by section 153B of that Act.

Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356)

5

(1) In the Local Government Pension Scheme Regulations 2013 (S.I. 2013/2356)—

(a) in regulation 30 (which provides for active members aged 55 or over, on redundancy, to take immediate payment of certain pension amounts without an actuarial reduction), at the end insert—

(13) This regulation is subject to regulation 68A (effect of restrictions on public sector exit payments).

, and

(b) after regulation 68 insert—

(68A) (1) This regulation applies where the effect of the Exit Payment Regulations is to prevent all or part of a payment being required to be made under regulation 68(2) in respect of any extra charge on the fund resulting from retirement benefits which, in the absence of this regulation, would become immediately payable, without reduction, under regulation 30(7)(b) or as a result of a waiver under regulation 30(8). (2) The member may elect to pay to the appropriate fund an amount in respect of all or part of that extra charge. (3) Regulation 30(7) (which provides for active members aged 55 or over, on redundancy, to take immediate payment of certain pension amounts) has effect as if for paragraph (b) there were substituted— (b) any other retirement pension relating to that employment payable under these Regulations, adjusted by so much of the amount shown as appropriate in actuarial guidance issued by the Secretary of State as does not represent an adjustment relating to an extra charge on the appropriate fund— (i) in respect of which the Scheme employer may be required to make an additional payment under regulation 68(2), or (ii) in respect of which the member has made a payment under regulation 68A(2). (4) Regulation 30(8) does not authorise the waiver of any reduction except to the extent that an additional payment may be required under regulation 68(2), or a payment has been made to the appropriate fund by the member under paragraph (2), in respect of any extra charge on the fund resulting from not making the reduction. (5) In determining the effect of the Exit Payment Regulations for the purposes of paragraph (1) account is to be taken of any provision made under section 153C of the Small Business, Enterprise and Employment Act 2015 (power to relax exit payment restrictions in certain cases). (6) The restriction specified in paragraph (4) applies to Scheme employers which have power under section 1 of the Localism Act 2011 (local authority's general power of competence) or section 5A(1) of the Fire and Rescue Services Act 2004 (powers of fire and rescue authorities) in the exercise of those powers. (7) In this regulation “Exit Payment Regulations” means regulations under section 153A(1) of the Small Business, Enterprise and Employment Act 2015 (regulations to restrict public sector exit payments).

(2) 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.

(3) The provision made by this paragraph is without prejudice to the generality of the powers conferred by paragraph 4.

Small Business Commissioner

Small businesses in relation to which the Commissioner has functions

Extension of target to provisions made by regulators

Duty to report on effect of economic growth duty

Power of Welsh Ministers to apply regulators' principles and code of practice

Secondary legislation: duty to review

Extending the primary authority scheme

Devolved Welsh matters

The Institute for Apprenticeships: transitional provision

Apprenticeship funding

Insurance contracts: implied term about payment of claims

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Enterprise Act 2016

Apprenticeship funding

27

PART 5 — Late payment of insurance claims

Insurance contracts: implied term about payment of claims

28

Contracting out of the implied term about payment of claims

29

Additional time limit for actions for damages for late payment of insurance claims

30

PART 6 — Non-domestic rating

Disclosure of HMRC information in connection with non-domestic rating

31

Alteration of non-domestic rating lists

32

PART 7 — Sunday working

Sunday working

33

PART 8 — Other enterprise-related provisions

Industrial development

Allowable assistance under Industrial Development Act 1982

34

Grants etc towards electronic communications services and networks

35

UK Government Investments Limited

UK Government Investments Limited

36

UK Green Investment Bank

Disposal of Crown’s shares in UK Green Investment Bank company

37

UK Green Investment Bank: transitional provision

38

The Pubs Code Adjudicator and the Pubs Code

Market rent only option: rent assessments etc

39

Reports on avoidance

40

PART 9 — Public sector employment: restrictions on exit payments

Restriction on public sector exit payments

41

PART 10 — General provisions

Consequential amendments, repeals and revocations

42

Transitional, transitory or saving provision

43

Commencement

44

Extent

45

Short title

46

SCHEDULE 1

Status

1

Appointment of Commissioner

2

Deputy Commissioners

3

4

Term of office etc

5

Remuneration

6

Commissioner and Deputy Commissioners not civil servants

7

Acting as Commissioner during vacancy etc

8

Conflicts of interest

9

Validity of acts

10

Staff

11

12

13

Financial and other assistance from the Secretary of State

14

Application of seal and proof of documents

15

Incidental powers