The Small Business, Enterprise and Employment Act 2015 (Commencement No. 5 and Saving Provision) Regulations 2016

Made

The Secretary of State in exercise of the powers conferred by sections 160(1), 161(1), 161(2) and 164(1) of the Small Business, Enterprise and Employment Act 2015[^f00001] makes the following Regulations.

Citation and interpretation

1

• (1) These Regulations may be cited as the Small Business, Enterprise and Employment Act 2015 (Commencement No. 5 and Saving Provision) Regulations 2016.

• (2) In these Regulations, “the Act” means the Small Business, Enterprise and Employment Act 2015.

Provisions coming into force on 2nd May 2016

2

The following provisions of the Act come into force on 2nd May 2016—

• (a) section 41 (the Adjudicator) and Part 1 (the Pubs Code Adjudicator) and Part 3 (amendments of legislation) of Schedule 1;

• (b) section 63 (levy funding);

• (c) section 64 (loans by Secretary of State); and

• (d) section 65 (review of Adjudicator and guidance from Secretary of State).

Provisions coming into force on the later of 26th May 2016 or the day after the day on which the Pubs Code etc. Regulations 2016 are made

3

The provisions in Part 4 of, and Schedule 1 to, the Act come into force, to the extent that they are not yet in force, on the later of—

• (a) 26th May 2016; or

• (b) the day after the day on which the Pubs Code etc. Regulations 2016[^f00002] are made.

Provision coming into force on 1st June 2016

4

• (1) Section 38 of the Act (exemption from liability for bodies concerned with accounting standards etc) comes into force on 1st June 2016, to the extent that it is not yet in force.

• (2) The repeal of section 18 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (exemption from liability)[^f00003], resulting from paragraph (1), does not affect any exemption from liability arising under that section in respect of acts or omissions occurring before 1st June 2016.

Signed

Neville-Rolfe — Parliamentary Under Secretary of State for Business, Innovation and Skills — Department for Business, Innovation and Skills — 25th April 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations bring into force specified provisions of the Small Business, Enterprise and Employment Act 2015 (c.26) (“the Act”). These are the fifth commencement regulations made under the Act. Certain provisions came into force on the passing of the Act.

Regulation 2 brings into force on 2nd May 2016 provisions that establish the Pubs Code Adjudicator and concern the funding of that office.

Regulation 3 brings into force all provisions in Part 4 the Act (The Pubs Code Adjudicator and the Pubs Code) that have not yet been commenced on 26th May 2016 or on the same day as the Pubs Code etc. Regulations 2016 (laid in draft on 14th April 2016) come into force, whichever is the later.

Regulation 4 brings into force on 1st June 2016 section 38 of the Act, which repeals section 18 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) (“the CAICE Act”), and inserts new section 18A into that Act. The effect is to change the basis on which exemption from liability in damages for acts and omissions of bodies concerned with accounting standards etc. arises. Paragraph (2) contains a saving in relation to exemption from liability which has arisen under section 18 of the CAICE Act in relation to acts and omissions occurring before the repeal of that section on 1st June 2016.

Footnotes

[^f00001]: 2015 c.26.

[^f00002]: Draft regulations laid before Parliament on 14th April 2016.

[^f00003]: 2004 c. 27.