Legislation – Enterprise and Regulatory Reform Act 2013

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Introduction

PART 1
Green Investment Bank

1 The green purposes

2 Interpretation

3 Alteration of the objects of the UK Green Investment Bank

4 Financial assistance

5 Accounts, reports and payments to directors

6 Documents to be laid before Parliament

6A Report on disposal of Crown’s shares in UK Green Investment Bank company

PART 2
Employment

7 Conciliation before institution of proceedings

8 Extension of limitation periods to allow for conciliation

9 Extended power to define “relevant proceedings” for conciliation purposes

10 ACAS: prohibition on disclosure of information

11 Decisions by legal officers

12 Composition of Employment Appeal Tribunal

13 Dismissal for political opinions: no qualifying period of employment

14 Confidentiality of negotiations before termination of employment

15 Power by order to increase or decrease limit of compensatory award

16 Power of employment tribunal to impose financial penalty on employers

17 Disclosures not protected unless believed to be made in the public interest

18 Power to reduce compensation where disclosure not made in good faith

19 Worker subjected to detriment by co-worker or agent of employer

20 Extension of meaning of “worker”

21 Tribunal procedure: miscellaneous

22 Indexation of amounts: timing and rounding

23 Renaming of “compromise agreements”, “compromise contracts” and “compromises”

24 Transitional provision

PART 3
The Competition and Markets Authority

25 The Competition and Markets Authority

26 Abolition of the Competition Commission and the OFT

27 Transfer schemes

28 Transitional provision: consultation

PART 4
Competition Reform

CHAPTER 1 Mergers

29 Investigation powers: mergers

30 Interim measures: pre-emptive action: mergers

31 Interim measures: financial penalties: mergers

32 Time-limits etc: mergers

CHAPTER 2 Markets

33 Power of CMA to make cross-market references

34 Ministerial power to make cross-market references

35 Public interest interventions in markets investigations

36 Investigation powers: markets

37 Interim measures: pre-emptive action: markets

38 Market studies and market investigations: consultation and time-limits

CHAPTER 3 Anti-trust

39 Investigations: power to ask questions

40 Civil enforcement of investigation powers

41 Extension of powers to issue warrants to CAT

42 Part 1 of the 1998 Act: procedural matters

43 Threshold for interim measures

44 Penalties: guidance

45 Power for Secretary of State to impose time-limits on investigations etc.

46 Review of operation of Part 1 of 1998 Act

CHAPTER 4 Cartels

47 Cartel offence

48 Extension of power to issue warrants to CAT

CHAPTER 5 Miscellaneous

49 Enforcement orders: monitoring compliance and determination of disputes

50 Enforcement orders: provision of information

51 Powers of sectoral regulators

52 Power to remove concurrent competition functions of sectoral regulators

53 Orders under section 52: procedural requirements

54 Recovery of CMA’s costs in respect of price control references

55 Disclosure etc. of information: offences

56 Review of certain provisions of Chapters 1 and 2

57 Minor and consequential amendments

58 Interpretation

PART 5
Reduction of legislative burdens

59 Sunset and review provisions

60 Listed buildings in England: agreements and orders granting listed building consent

61 Listed buildings in England: certificates of lawfulness

62 Osborne estate

63 Heritage planning regulation

64 Commission for Equality and Human Rights

65 Equality Act 2010: third party harassment of employees

66 Equality Act 2010: obtaining information for proceedings

67 Primary authorities

68 Inspection plans

69 Civil liability for breach of health and safety duties

70 Estate agency work

71 Bankruptcy applications: determination by adjudicators

72 Abolition of Agricultural Wages Board and related English bodies

73 Unnecessary regulation: miscellaneous

PART 6
Miscellaneous and general

74 Exploitation of design derived from artistic work

75 Penalties under provision amending exceptions: copyright and rights in performances

76 Power to reduce duration of copyright in transitional cases

77 Licensing of copyright and performers’ rights

78 Penalties under provision implementing Directive on term of protection

79 Members’ approval of directors’ remuneration policy

80 Restrictions on payments to directors

81 Payments to directors: minor and consequential amendments

82 Payments to directors: transitional provision

83 Redress schemes: lettings agency work

84 Redress schemes: property management work

85 Orders under section 83 or 84: enforcement

86 Sections 83 to 85: minor definitions

87 Approval of redress schemes for the purposes of section 83 or 84

88 Redress schemes: supplemental

89 Supply of customer data

90 Supply of customer data: enforcement

91 Supply of customer data: supplemental

92 Power to add to supplies protected under Insolvency Act 1986

93 Corporate insolvency: power to give further protection to essential supplies

94 Individual insolvency: power to give further protection to essential supplies

95 Sections 93 and 94: supplemental

96 Royal Charters: requirements for Parliamentary approval

97 Equality Act 2010: caste as an aspect of race

98 Power to provide for equal pay audits

99 Consequential amendments, repeals and revocations

100 Transitional, transitory or saving provision

101 Financial provision

102 Extent

103 Commencement

104 Short title

SCHEDULES

SCHEDULE 1 Conciliation: minor and consequential amendments

SCHEDULE 2 Extension of limitation periods to allow for conciliation

SCHEDULE 3 Financial penalties: minor and consequential amendments

SCHEDULE 4 The Competition and Markets Authority

Schedule 4A Functions to which the CMA’s duty of expedition applies

SCHEDULE 5 Amendments related to Part 3

SCHEDULE 6 Regulatory appeals etc: minor and consequential amendments

SCHEDULE 7 Mergers: interim measures

SCHEDULE 8 Mergers: time-limits

SCHEDULE 9 Markets: cross-market references

SCHEDULE 10 Markets: public interest interventions

SCHEDULE 11 Markets: investigation powers

SCHEDULE 12 Markets: time-limits

SCHEDULE 13 Extension of powers to issue warrants under the 1998 Act to CAT

SCHEDULE 14 Regulators: use of powers under the 1998 Act

SCHEDULE 15 Minor and consequential amendments: Part 4

SCHEDULE 16 Local listed building consent orders: procedure

SCHEDULE 17 Heritage planning regulation

SCHEDULE 18 Adjudicators: bankruptcy applications by debtors and bankruptcy orders

SCHEDULE 19 Adjudicators: minor and consequential amendments

SCHEDULE 20 Abolition of Agricultural Wages Board and related English bodies: consequential provision

SCHEDULE 21 Unnecessary regulation: miscellaneous

SCHEDULE 22 Licensing of copyright and performers’ rights

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PART 5Reduction of legislative burdens

Miscellaneous

69Civil liability for breach of health and safety duties

(1)

Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is amended as set out in subsections (2) to (7).

(2)

In subsection (1), omit paragraph (b)
(including the “or” at the end of that paragraph).

(3)

For subsection (2) substitute—

“(2)

Breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide.

(2A)

Breach of a duty imposed by an existing statutory provision shall not be actionable except to the extent that regulations under this section so provide (including by modifying any of the existing statutory provisions).

(2B)

Regulations under this section may include provision for—

(a)

a defence to be available in any action for breach of the duty mentioned in subsection (2) or (2A);

(b)

any term of an agreement which purports to exclude or restrict any liability for such a breach to be void.”

(4)

In subsection (3), omit the words from “, whether brought by virtue of subsection (2)” to the end.

(5)

In subsection (4)—

(a)

for “and (2)” substitute “
, (2) and (2A)
”, and

(b)

for “(3)” substitute “
(2B)(a)
”.

(6)

Omit subsections (5) and (6).

(7)

After subsection (6) insert—

“(7)

The power to make regulations under this section shall be exercisable by the Secretary of State.”

(8)

Where, on the commencement of this section, there is in force an Order in Council made under section 84(3) of the Health and Safety at Work etc. Act 1974 that applies to matters outside Great Britain any of the provisions of that Act that are amended by this section, that Order is to be taken as applying those provisions as so amended.

(9)

The amendments made by this section do not apply in relation to breach of a duty which it would be within the legislative competence of the Scottish Parliament to impose by an Act of that Parliament.

(10)

The amendments made by this section do not apply in relation to breach of a duty where that breach occurs before the commencement of this section.

70Estate agency work

In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection (4) substitute—

“(4)

This Act does not apply to the following things when done by a person who does no other things which fall within subsection (1) above—

(a)

publishing advertisements or disseminating information;

(b)

providing a means by which—

(i)

a person who wishes to acquire or dispose of an interest in land can, in response to such an advertisement or dissemination of information, make direct contact with a person who wishes to dispose of or, as the case may be, acquire an interest in land;

(ii)

the persons mentioned in sub-paragraph (i) can continue to communicate directly with each other.”

71Bankruptcy applications: determination by adjudicators

(1)

In Part 14 of the Insolvency Act 1986 (public administration (England and Wales)), before section 399 and the cross-heading which precedes it insert—

“Adjudicators

398AAppointment etc of adjudicators and assistants

(1)

The Secretary of State may appoint persons to the office of adjudicator.

(2)

A person appointed under subsection (1)—

(a)

is to be paid out of money provided by Parliament such salary as the Secretary of State may direct,

(b)

holds office on such other terms and conditions as the Secretary of State may direct, and

(c)

may be removed from office by a direction of the Secretary of State.

(3)

A person who is authorised to act as an official receiver may not be appointed under subsection (1).

(4)

The Secretary of State may appoint officers of the Secretary of State’s department to assist adjudicators in the carrying out of their functions.”

(2)

In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out in Schedule 18 (adjudicators: bankruptcy applications by debtors and bankruptcy orders).

(3)

Schedule 19 (adjudicators: minor and consequential amendments) has effect.

(1)

The Agricultural Wages Board for England and Wales is abolished.

(2)

Every agricultural wages committee for an area in England is abolished.

(3)

Every agricultural dwelling-house advisory committee for an area in England is abolished.

(4)

Schedule 20 (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.

73Unnecessary regulation: miscellaneous

Schedule 21 (unnecessary regulation: miscellaneous) has effect.