Legislation – Enterprise and Regulatory Reform Act 2013

PART 1
UK Green Investment Bank

1 The green purposes

2 Designation of the UK Green Investment Bank

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

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

27 Transfer schemes

28 Transitional provision: consultation

PART 4
Competition Reform

CHAPTER 1 Mergers

Investigation powers

29 Investigation powers: mergers

Interim measures

30 Interim measures: pre-emptive action: mergers

31 Interim measures: financial penalties: mergers

32 Time-limits etc: mergers

CHAPTER 2 Markets

Cross-market investigations

33 Power of to make cross-market references

34 Ministerial power to make cross-market references

Public interest interventions

35 Public interest interventions in markets investigations

Investigation powers

36 Investigation powers: markets

Interim measures

37 Interim measures: pre-emptive action: markets

Time-limits and procedure

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

CHAPTER 3 Anti-trust

Investigation powers

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 : procedural matters

Interim measures and other sanctions

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

Enforcement orders: markets and mergers

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

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 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

Which version?
Latest available (Revised)
Original (As enacted)

SCHEDULES

SCHEDULE 3Financial penalties: minor and consequential amendments

Section 16(2)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—

“(2A)

Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).”

Employment Tribunals Act 1996 (c. 17)

2

The Employment Tribunals Act 1996 is amended as follows.

3

Before section 13 insert—

“Costs etc, interest and enforcement”.

4

(1)

In section 41 (orders, regulations and rules), in subsection (2) (orders etc subject to affirmative resolution procedure), after “4(4) or (6D)” insert “, 12A(12)”.

(2)

If this paragraph comes into force before section 11, sub-paragraph (1) has effect as if “4(4)” were substituted for “4(4) or (6D)”.

Employment Rights Act 1996 (c. 18)

5

In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—

“(3A)

Where an Order in Council under this section confers jurisdiction on an employment tribunal, the jurisdiction conferred includes power to make an order under section 12A of the Employment Tribunals Act 1996 (financial penalties), and that section applies accordingly.”

Agency Workers Regulations 2010 (S.I. 2010/93)

6

In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—

“(14A)

In relation to an infringement or breach for which a tribunal orders a respondent to pay compensation under paragraph (8)(b), the tribunal may order the respondent also to pay a penalty under section 12A of the Employment Tribunals Act 1996 only if the tribunal decides not to exercise the power under paragraph (14) to make an additional award of compensation against the respondent.”