Kevin Brennan
Main Page: Kevin Brennan (Labour - Cardiff West)Enterprise Bill [ Lords ] (Eighth sitting)
Kevin Brennan Excerpts(8 years, 9 months ago)
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Catherine McKinnell
I appreciate what the hon. Lady says, but the Government have a role and a responsibility to balance the interests of communities, the business community, local authorities and local planning decisions, which is where the debate was had 22 years ago when a compromise was struck. That compromise has worked and is sensible, and she has pointed out that some retailers have decided to drop back their hours where there is not enough demand. The difficulty with fully liberalising the retail legislation in this way is that it removes all of the current compromise that allows for that flexibility. Indeed, she makes the point that the current laws are working, and the Government have not submitted any evidence to justify why they need to change the system.
The Federation of Small Businesses and the Association of Convenience Stores, both significant voices for small businesses, are opposed to the measures. Small businesses are the backbone of the UK’s economy, making up 99% of the 5.2 million businesses in the country and employing more than 14 million people. Their voice should be heard, and the restrictions on Sunday trading play a vital role in supporting and sustaining our small businesses. Frankly, I am shocked that the Government seem to dismiss the concerns of small businesses so out of hand when they claim to be champions of small business, but we know that is not the case, and this proves it.
My final point is on the tens of thousands of people who work in the retail sector on Sundays for large retailers and who take comfort from the current arrangements, which enable them to go out to earn a living while still getting some time off with their family on a Sunday and retaining a semblance of a work-life balance. Surely the Minister can recognise that the new clause merely risks heaping more pressure on low-paid retail workers, for whom the Sunday restrictions are considered a fundamental right and protection. It is telling that his contribution to the debate so far was entirely focused on those workers being able to enforce those rights. A measure proposed by the Government that is focused entirely on how individuals and workers can enforce those rights highlights the issue and the difficult situation in which the Government are deliberately putting those workers.
Kevin Brennan (Cardiff West) (Lab)
Would it be useful if the Minister clarified that point? We know the measure is controversial, and we will be returning to it on Report; lots of Government Members are also not happy with it. Even if the measures do not go ahead, will the enhanced workers’ rights be delivered by the Government because they think it is the right thing to do?
Catherine McKinnell
My hon. Friend makes an important point, and it would be useful to hear from the Minister that, even if the Sunday trading laws do not go ahead—the Minister should take on board the deep concerns on both sides of the House about the Sunday trading restrictions—he will still commit to the additional rights for workers to enforce the Sunday trading restrictions in their workplace.
Does the Minister recognise the concerns raised about work-life balance? He should address that issue, because it is a well-known aspiration of the Prime Minister to make the UK the most family-friendly country in Europe. Indeed, in 2014 he announced, to much fanfare, his family test, which says that
“every single domestic policy that government comes up with will be examined for its impact on the family… The reality is that in the past the family just hasn’t been central to the way government thinks. So you get a whole load of policy decisions which take no account of the family and sometimes make…things worse.”
I could not agree more. This has just come into my head, and I cannot resist sharing it with the Committee: in the light of the exchange at Prime Minister’s questions yesterday between the Prime Minister and the Leader of the Opposition, does your mother know?
Given new clause 21, under which thousands of retail staff face working longer hours on Sunday—a day when their children are not at school and that is often reserved for family and friends—what will happen to the Prime Minister’s aspiration? Has the family test been carried out and, if so, why has the result not been published?
Kevin Brennan
The hon. Lady mentioned trade associations, but not trade unions. There are 46,000 USDAW members in Scotland, so will she confirm that she will consult that union between now and Report?
Hannah Bardell
Yes, we have previously consulted USDAW and had significant discussions. I pay tribute to its work, and we will absolutely consult it again.
Brandon Lewis
The hon. Gentleman is choosing to ignore the fact that since then there has been a general election, an entirely new Parliament and a Conservative Government, which is a good thing for our country. In 2015 the Prime Minister made it very clear at the Dispatch Box in this very House during Prime Minister’s Question Time that he felt it was time to review Sunday trading laws on the basis that they are outdated and were passed pre-internet.
Devolving the powers will enable local leaders, who are locally accountable, to decide for themselves what the right approach is to extending Sunday trading hours, reflecting local preferences, shopping habits and local economic conditions. It will provide consumers, businesses and shop workers with greater choice, opportunity and convenience. It will empower local leaders to support bricks and mortar shops in their local high streets and town centres, helping them to compete with the internet retailers that operate 24 hours a day, seven days a week and deliver on Sundays, too.
Kevin Brennan
As I understand it, the Minister’s explanation for the Prime Minister’s damascene conversion between April and June is that he discovered the internet. Is that correct?
Brandon Lewis
The hon. Gentleman is stretching it a little far to make a joke. If he looks back at Prime Minister’s questions, he will find that, as I outlined, the Prime Minister made the point that it was right to review Sunday trading laws in light of the fact that the current rules date from before the internet existed. I was very clear about that.
The change will also ensure that we get a bigger opportunity to drive competition and productivity, reducing prices and improving convenience for consumers. I am sorry that the hon. Gentleman does not appreciate that we have a Prime Minister who cares about our economy and local communities having not only power, but local choice. We want to support our towns and cities to create jobs and have greater prosperity and to enable them to compete for lucrative international tourism, too. Larger shops opening for longer can benefit smaller shops, food establishments and tourism attractions by bringing footfall in. The larger shops draw footfall into our town centres and having them open is good for our town centres.
Brandon Lewis
I outlined the logic behind what we are doing earlier today. The hon. Lady can also have a look at the Government response to the consultation, which is clear on these matters. We are determined to ensure that we deliver the amendments, which provide choice for local areas on what suits their local preferences and their local economic conditions, choice for retailers to open at times that better suit the needs of their customers and choice for consumers on where and when to shop for a wider range of goods and services.
The strengthened rights for shop workers mean that the benefits of the proposals can be delivered while protecting those shop workers who do not want to work at all on a Sunday or who do not want to work longer hours on a Sunday. They deliver flexibility at a local level, which is crucial in ensuring that local communities and local economies can play to their local strengths. Whether it is by capitalising on tourist spend or catering for shoppers later in the day, the amendments will help those local economies, and by extension our UK economy, to grow. That is why the amendments represent an essential modernisation of a piece of law that in reality is no longer fit for purpose in our modern consumer world.
Kevin Brennan
Welcome back, Sir David. We have heard about people’s experiences. My first job was in Fine Fare, which is probably defunct now, stacking shelves and cleaning the toilets for 48.5p an hour. When I graduated to Marks and Spencer, my mother said it was the happiest day of her life. I have that grassroots experience of the retail industry, although it is not the considerable experience of the hon. Member for Bury St Edmunds.
I will not detain the Committee for a long, because of the time. We have had an extensive debate. Most of the issues have been aired pretty well, and I will not repeat all the points. The Minister, the right hon. Member for Broxtowe, often chunters about us talking about process, but there is a fundamental objection about the process and the manner in which the Government have gone about introducing these things. The Prime Minister made commitments in April and suddenly changed his mind upon discovering the internet a few months later and decided that something needed to be done desperately and urgently. In the meantime, the convenience of a general election had intervened, meaning he would not have to face the electorate for another five years.
Mary Creagh
Does my hon. Friend agree that the invention of the internet is an argument against Sunday trading, because it gives busy working parents the opportunity to buy online from supermarkets and department stores and to have things delivered at their leisure and convenience, rather than dragging the kids around the shops at the weekend? Frankly, that is something that most families detest and despise—certainly my family do.
Kevin Brennan
The other growing trend is ordering things on the internet and picking them up in the shop at another time. That is increasingly how people shop these days; certainly my own wife does it frequently. [Hon. Members: “Ooh!”] Wait for it. I have yet to do that myself, because as a former Marks and Spencer Saturday boy, I like to try my suits on before I buy them. There are also, of course, different consumer rights for those who order online.
The changes have been introduced halfway through the Bill’s life, conveniently swerving around the Bishops in the House of Lords, who might have had something to say, as might other Members of that House, about keeping Sunday special. It is a highly controversial measure, and there is concern about it across this House, on the Conservative Benches as well as in other parties. That is why we properly have an extra half-day of time carved out on Report to discuss the Bill.
I was going to suggest that if working on a Sunday is nothing to be concerned about, perhaps that debate should take place on a Sunday here in Parliament, and we should all come back—I see the hon. Member for Bury St Edmunds nodding in approval. I would be certainly happy to do so if the Government want to table it on a Sunday, because I am sure it is no inconvenience whatever to anyone to come to work on a Sunday. [Interruption.] I do not sense universal assent to my proposal, but the hon. Lady was in favour of it.
As a result of that extra time, we will have an opportunity to test the opinion of the whole House on this subject. As this is a House of Lords Bill, it is not enactable in this House, so constitutionally, in this instance it is the Lords who have a significant say, and no Salisbury convention applies, because it was not included in the governing party’s manifesto. Indeed, the Prime Minister said that he would do the opposite, and had no plans to do anything about Sunday trading until his sudden discovery of the internet.
Therefore, if the Bill survives Report in the House of Commons and their lordships get it back, I am sure they will want to spend extensive time on the measure, given that they were not allowed to consider it because the Government did not have the courtesy to introduce it at the beginning of the Bill. As one of my hon. Friends pointed out, the consultation was extremely short and was then sat on for months after the Bill had gone through its stages in the House of Lords before the Government announced, on the cusp of Second Reading, that they had had another sudden revelation and decided that they needed to put the measure into this Bill, even though it was halfway through its parliamentary journey.
We need time to cogitate further on the measure, but in doing so, I have certainly been convinced by the arguments made by my right hon. and hon. Friends that we are likely to oppose it on Report. I enjoyed all their speeches. My hon. Friend the Member for Newcastle upon Tyne North spoke with a great deal of knowledge, not least, as she pointed out, because of her family interest, in the form of her partner’s occupation. My right hon. Friend the Member for Don Valley entertained us hugely by telling us that she had foiled a bank robbery. The only disappointing thing was that apparently no video survives of that day; I am sure that we would all have liked to see it. We look forward to hearing the full story outside this room. She also made some vital points about why the measure should not be adopted. We also heard contributions in the form of interventions by my hon. Friend the Member for Wakefield, and my hon. Friend the Member for Sefton Central set out an extensive case for why the measure is wrong.
I say to our colleagues from the Scottish National party that when people were debating a British compromise or an English compromise, I was feeling slightly forgotten over here in the corner, as a constituency Member representing a Welsh seat, because of course these measures also apply to Wales. However, they will affect Scotland and Northern Ireland. I know that USDAW has communicated with Scottish MPs on behalf of its 46,000 members in Scotland to say that its view is that the sort of premium pay that is available to workers in Scotland, England, Wales and Northern Ireland for working on Sundays is already under severe threat as a result of the nature of the market and the prospect of these measures being introduced.
The Chair
With this it will be convenient to discuss the following:
New clause 25—Broadband: rollout—
“(1) The Secretary of State may by regulations set targets for electronic communications bodies to roll out, to businesses and commercial organisations, more than 95% coverage of—
(a) basic broadband,
(b) superfast broadband, and
(c) mobile phone coverage
by the end of 2016.
(2) The Secretary of State must prepare and publish an annual report assessing the progress that has been made on the targets provided for by subsection (1), and the impact of—
(a) basic broadband,
(b) superfast broadband and
(c) mobile coverage technology
on enterprise and growth in the rural economy.
(3) The report provided for in subsection (2) should be laid before both Houses of Parliament.”
New clause 26—Broadband: rollout to business parks—
“The Secretary of State shall direct Broadband Delivery UK to include business parks and industrial estates, including those in non-residential areas, in their plans for roll out of universal superfast broadband.”
Kevin Brennan
I will be extremely brief. We rehearsed a lot of what I wanted to say on these new clauses, which are to do with digital roll-out, earlier in stand part debates on such matters. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 31
Business rate: Exemptions
“Agricultural land and buildings used for cultural events and festivals are exempt from business rates and the provisions outlined in sections 25 and 26.”—(Kevin Brennan.)
Brought up, and read the First time.
Kevin Brennan
I beg to move, That the clause be read a Second time.
Subject to hon. Members, this might be the final substantial matter we discuss in Committee, certainly on the bits that I intend to cover. I hope we will have time at the end for the traditional points of order and it looks like we will, so I will not make such remarks at this point.
The new clause deals with festivals. The British farming industry is still under threat from a number of directions and the advice that all of us, under different Governments, have given farmers is to diversify, think laterally and be innovative. Many have done so and some have decided to use their assets such as land, barns and so on for occasional festivals and cultural events.
I know you are an MP4 fan, Sir David, so you will not be surprised to hear that my band—perhaps I should declare an interest, although we do not get paid—MP4 has performed at festivals in hon. Members’ constituencies from across the House, being a cross-party venture. The group includes the hon. Member for Perth and North Perthshire (Pete Wishart), the right hon. Member for East Yorkshire (Sir Greg Knight) and the former Member for Brigg and Goole. We have an interest because we have direct experience of participating as performers and of being in the audience at such events. I know that many right hon. and hon. Members enjoy festivals in their constituencies and right across the country.
The Valuation Office Agency—we are back on that subject again—is now pursuing those farmers for additional rates and in some cases it is making that retrospective by turning up at farmers’ houses and presenting them with bills that go back several years if they have held festivals on their land. In some cases, the rate demands have been as high as £60,000. That was discussed in the Lords, and Lord Stevenson asked for derogation to be offered for short-lived and one-off festivals. Such festivals, as we have heard, are often in rural areas and bring much-needed economic activity to many suppliers in the locality, even on a Sunday. The cultural benefits that can accrue should also be taken into consideration. Imposing steep business rates for occasional events may lead to the events not taking place.
In replying to the debate in the other place, Baroness Neville-Rolfe said:
“I can assure noble Lords that if there are no permanent physical adaptations to the land to facilitate, for example, festival use, and the duration…is only a matter of a few days, it is unlikely to attract a rating assessment in its own right, and any festival operator or land owner who is unsure of when they may incur a rates bill should contact the Valuation Office Agency… I also know that the Valuation Office Agency recognises the need for clarity and consistency in this sector and is working with the industry to draw up guidance to help event organisers. It hopes to have guidance ready…for the festival season next year.”—[Official Report, House of Lords, 2 November 2015; Vol. 765, c. GC314.]
She said that last year. From previous exchanges in Committee, I thought that we were not encouraging people to go to the Valuation Office Agency and to start clogging up the system with even more requests for information and even more appeals against ratings, but that is the Minister’s advice. She seems to indicate that she anticipates that festivals such as the ones I am talking about, where farmers try to make innovative use of their land but where it is not the mainstay of their business in any way, shape or form—they are effectively hiring out their land; they are not building major infrastructure on their land—should not be attracting rates in the way that the Valuation Office Agency seems to be pursuing.
The festival season will soon be upon us. It is hard to believe it sometimes, looking at the weather, but spring is on its way—I think spring officially starts on Tuesday, St David’s day, and we may see the odd daffodil poking through soon. Will the Minister for Small Business, Industry and Enterprise inform the Committee—[Interruption.] I am pausing so that she can hear what I am saying to her.
Kevin Brennan
She says she is listening. She is remarkable, because she can speak and listen at the same time. That is one of her many remarkable talents.
Will the Minister inform the Committee of what progress has been made on this issue since it was discussed in the House of Lords in November? Can she clarify some of Baroness Neville-Rolfe’s comments? Baroness Neville-Rolfe said that
“if there are no permanent physical adaptations…it is unlikely to attract a rating assessment in its own right”.
When she said that, she talked about “a few days”, and I would like some clarity. Are we talking about two days, three days, four days? Will a week count as a few days, or is it less than a week? Some clarity would help people who are holding festivals, as would clarity on what constitutes a “permanent physical adaptation”. If someone builds a bridge over a stream, is that a permanent physical adaptation, or are we talking about the building of hard standing or something of that kind? If a farmer improves health and safety on their farm to accommodate lots of festivalgoers, is that the sort of thing that means the Valuation Office Agency will immediately start taking an interest?
Can the Minister assure us that the Valuation Office Agency’s advice will be uniform across the country? Has there been an attempt to provide clarity and consistency in ministerial advice to Valuation Office Agency officers? We have heard about the backlog of 300,000 rate appeals, so clarity and consistency of advice would help to prevent unnecessary appeals. I hope the Minister can say something positive about that, given what Baroness Neville-Rolfe said in the Lords about looking at the matter further.
Lord Stevenson informed the Grand Committee that Valuation Office Agency officers had begun to raise invoices against landowners for the use of their land for festivals. How did that start to come about? Has there been a central instruction to do it? What is the Minister’s view of the Valuation Office Agency pursuing such things retrospectively, sometimes going back several years? Does the Department have a position on whether that should happen or whether, if the Valuation Office Agency is going to start levying rates on festivals, it should not be done retrospectively?
This is a probing new clause. If the Minister can provide some information about the progress that the Government have made since this was discussed in the Lords, I will withdraw it at the end of her response.
Anna Soubry
If there is no permanent physical adaptation to the land to facilitate festival use, and the duration of the festival is a matter of only a few days, it is very unlikely to attract a rating assessment in its own right. That is true whether the festival is on agricultural land or anywhere else. We do not dispute that some event organisers struggle with the rules, so the Valuation Office Agency is working with the industry to help event organisers understand the rules and how to comply.
In many instances, the people organising that sort of event work hand in glove with their local authority. These are all local matters. I am of the view, perhaps unlike Labour Members, that we can trust local authorities to work with people, come to the right decisions and exercise bucketloads of good common sense so the rules are not misinterpreted or over-interpreted.
I have helpfully been told that the Valuation Office Agency’s review of festivals is now complete, and that rate payers should now be clear about any potential ratings liability. They are encouraged to contact the agency if they are in any way unclear about them. That review has taken place.
We have given local authorities wide powers to grant rate relief in such circumstances. Where they do so, central Government will pick up half the cost. We are looking at reliefs and exemptions in any event as part of the business rate review, which is due to report in the Budget next month. We do not want to pre-empt the result of it. I hope that answers the hon. Gentleman’s questions and satisfies him.
Kevin Brennan
I am grateful to the Minister for her response. I will get into some more detail later, while giving it further consideration.
I said that my band played at festivals in several right hon. and hon. Members’ constituencies, one of which was the constituency of the Secretary of State for Work and Pensions. After this debate, I will check with him about whether that festival attracted any ratings. As a charitable local event, it does not have a permanent structure in place on the farmer’s field in which it is held.
It is right that we trust local authorities, but it is also right that parliamentarians respond to concerns brought to us from around the country by local people who have been affected by decisions taken at a local level. It is our duty to raise them in Parliament, debate them and compare what is going on around the country to see whether in some places very different interpretations are being made, and to ensure fairness and consistency. It is our job to do that, so it is entirely appropriate that we debate this issue, as they did in their Lordships’ House. I am grateful to the Minister for her response. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Schedule 1
Sunday opening hours: rights of shop workers
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 Notice of objection by shop workers to working additional hours on Sunday
(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 Explanatory statement: persons who become shop workers
(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 Explanatory statement: shop workers at commencement date
(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 section38 of the Enterprise Act 2016 for the coming into force of section (Extended Sunday opening hour and Sunday working)(5) of, and Schedule (Sunday opening hours: rights of shop workers) to, that Act.
41D Failure to give explanatory statement under section 41B or 41C
(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 Contractual requirements relating to working additional hours on Sundays: objection notices
(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 Interpretation
(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) 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 Sunday working for shop workers: additional hours
(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
(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 After section 101 insert—
“101ZA Shop workers who refuse to work additional hours on Sunday
(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)).”
9 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
10 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”.”
This new Schedule contains amendments to employment legislation. The amendments: (a) shorten the notice period for opting out of Sunday work in the case of shop workers at large shops, (b) confer a new right to object to working additional hours on Sunday, (c) require employers to give statements explaining those rights, (d) confer protections against detriment and unfair dismissal for refusing to work additional hours on Sunday, and (e) provide for fines in tribunal proceedings if there is a failure to give explanatory statements.
Brought up, and read the First time.
Amendments made: (a), line 128 in paragraph 4(4), after paragraph (b) insert—
“(c) in the words after paragraph (b), omit “shop worker or””
This is a technical amendment of NS1 which removes a further reference to a shop worker from section 42 of the Employment Rights Act 1996 (as that section is to apply only to betting workers as a consequence of other amendments made by this New Schedule).
Amendment (b), line 192 in paragraph 6, in new section 43ZB(4)(a), after “2003” insert
“or, in relation to Scotland, the Licensing (Scotland) Act 2005 (asp 16)”—(Brandon Lewis.)
This is a technical amendment that provides for a definition of “alcohol” in relation to Scotland by reference to the relevant legislation of the Scottish Parliament.
New schedule 1, as amended, read a Second time, and added to the Bill.
New Schedule 2
The Institute for Apprenticeships
1 The Apprenticeships, Skills, Children and Learning Act 2009 is amended as follows.
2 In Part 1 (apprenticeships, study and training) before Chapter A1 insert—
“Chapter ZA1
The Institute for Apprenticeships
Establishment
ZA1 The Institute for Apprenticeships
‘(1) A body corporate known as the Institute for Apprenticeships is established.
(2) In this Act that body is referred to as “the IfA”.
(3) Schedule A1 makes further provision about the IfA.
General duties and functions
ZA2 General duties
‘(1) So far as relevant, and subject to any notice given by the Secretary of State under subsection (2), in performing its functions the IfA must have regard to—
(a) the reasonable requirements of industry, commerce, finance, the professions and other employers regarding education and training within the IfA’s remit;
(b) the reasonable requirements of persons who may wish to undertake education and training within the IfA’s remit;
(c) the need to ensure that education and training within the IfA’s remit is of an appropriate quality;
(d) the need to ensure that education and training within the IfA’s remit represents good value in relation to financial resources provided out of public funds;
(e) any information provided to it by any person designated by the Secretary of State for the purposes of this paragraph.
(2) The Secretary of State may give a notice in writing to the IfA setting out other matters to which the IfA must have regard when performing its functions.
(3) The Secretary of State may not give a notice under subsection (2) more than once in any financial year (within the meaning given by section ZA6(6)), except as provided by subsection (4).
(4) Where in a financial year—
(a) a notice is given under subsection (2), and
(b) after the giving of the notice a new Parliament meets for the first time,
the Secretary of State may give one further notice under subsection (2) in that year.
(5) The IfA must perform its functions efficiently and effectively.
(6) For the purposes of this section, education or training is within the IfA’s remit if the education or training is or may be provided in the course of an approved English apprenticeship.
(7) Subsection (1) and any notice under subsection (2) do not apply in relation to functions that are— Where directions or regulations so provide, the directions or regulations—
(a) delegated by directions under section ZA4, or
(b) conferred by regulations under section ZA5,
unless the regulations or directions provide for them to apply in relation to the functions.
(c) may provide for any education or training to which the functions relate to be treated as within the IfA’s remit for the purposes of this section;
(d) may provide for subsection (1) and any notice under subsection (2) to apply in relation to the functions with such modifications as the Secretary of State thinks fit.
(8) The Secretary of State must—
(a) publish in such manner as the Secretary of State thinks fit any notice under subsection (2), and
(b) lay a copy of it before Parliament.
ZA3 Provision of advice and assistance to the Secretary of State etc
‘(1) The IfA may, if requested to do so by the Secretary of State, provide the Secretary of State with advice and assistance in connection with the Secretary of State’s functions relating to apprenticeships in relation to England.
(2) The Secretary of State’s functions mentioned in subsection (1) include those under section 100(1A) or otherwise relating to the funding of apprenticeships in relation to England.
ZA4 Delegation of functions to the IfA by Secretary of State
‘(1) The Secretary of State may by direction delegate to the IfA any of the Secretary of State’s functions relating to apprenticeships in relation to England.
(2) The functions may be delegated—
(a) to any extent that the Secretary of State specifies in the direction, and
(b) subject to any conditions that the Secretary of State specifies in the direction.
(3) The Secretary of State’s functions mentioned in subsection (1) include those under section 100(1A) or otherwise relating to the funding of apprenticeships in relation to England.
ZA5 Conferral of further functions on the IfA by regulations
‘(1) The Secretary of State may by regulations confer on the IfA such functions relating to apprenticeships in relation to England as the Secretary of State considers appropriate.
(2) A function conferred by regulations under subsection (1) may involve the exercise of a discretion.
ZA6 Annual and other reports
‘(1) As soon as reasonably practicable after the end of each financial year, the IfA must prepare an annual report.
(2) An annual report is a report which includes—
(a) a description of what the IfA has done during the year, including a description of what the IfA has done as a result of any notice given by the Secretary of State under section ZA2(2),
(b) the statement of accounts prepared for that year under paragraph 11 of Schedule A1, and
(c) such other provision as the Secretary of State may direct.
(3) The IfA must send the report to the Secretary of State as soon as reasonably practicable after it has been prepared.
(4) The Secretary of State must lay a copy of the report before Parliament.
(5) The Secretary of State may direct the IfA to prepare, and send to the Secretary of State, as soon as reasonably practicable a report on any matter relating to its functions.
(6) In this section “financial year” means—
(a) the period beginning with the day on which this section comes into force and ending with the following 31 March, and
(b) each successive period of 12 months.
Compliance
ZA7 Secretary of State directions where the IfA fails to discharge duties etc
If the Secretary of State is satisfied that the IfA—
(a) has failed to discharge a duty imposed on it by or under this Act, or
(b) has acted or is proposing to act in an unreasonable way in exercising any function,
the Secretary of State may give the IfA such directions as the Secretary of State considers appropriate.
Directions
ZA8 General provision about directions under Chapters ZA1 and A1
‘(1) This section applies to a direction given to the IfA by the Secretary of State under this Chapter or Chapter A1.
(2) The IfA must comply with the direction.
(3) The direction must be in writing.”
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—
“Publication of standards and assessment plans
A2 Apprenticeship standards and assessment plans
‘(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—
(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—
(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 Preparation of apprenticeship standards and assessment plans
‘(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.
Quality assurance
A2B Evaluation of quality of apprenticeship assessments
‘(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 Unsatisfactory apprenticeship assessments
‘(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 Committee to advise on quality evaluations etc
‘(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.
Review, revision and withdrawal
A2E Regular reviews of published standards and assessment plans
‘(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 Revision or withdrawal of published standards and assessment plans
‘(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.
Other provisions about English approved apprenticeships
A2G Examinations by independent third parties
‘(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 List of published standards and assessment plans
‘(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 Transfer of copyright in standards and assessment plans
‘(1) This section applies where—
(a) a standard or assessment plan is approved by the IfA undersection 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) in subsection (3) (persons who may provide and receive information), after paragraph (f) insert—
“(g) the IfA.”;
(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) after paragraph (b) insert—
8 In section 262(6) (orders and regulations subject to affirmative procedure) before paragraph(ab) insert—
“(aab) regulations under section ZA5;”
9 Before Schedule 1 insert—
“Schedule A1
the Institute for Apprenticeships
Status
1 The IfA is to perform its functions on behalf of the Crown.
Membership
2 (1) The IfA is to consist of—
(a) a member appointed by the Secretary of State to chair the IfA (“the chair”);
(b) the chief executive appointed in accordance with paragraph 5;
(c) at least 4 and no more than 10 other members appointed by the Secretary of State.
(2) The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”.
Tenure of non-executive members
3 (1) The non-executive members hold and vacate office in accordance with the terms of their appointment.
(2) Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.
(3) A non-executive member must not be appointed for a term of more than five years.
(4) A non-executive member may resign from office at any time by giving written notice to the Secretary of State.
(5) The Secretary of State may remove a non-executive member from office on either of the following grounds—
(a) inability or unfitness to carry out the duties of office;
(b) absence from the IfA’s meetings for a continuous period of more than 6 months without the IfA’s permission.
(6) The previous appointment of a person as a non-executive member does not affect the person’s eligibility for re-appointment.
Remuneration of non-executive members
4 (1) The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members.
(2) The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member.
(3) If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person.
(4) The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.
(5) Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act).
(6) The IfA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Chief executive and other staff
5 (1) The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair.
(2) Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State.
(3) The chief executive must not be appointed for a term of more than five years.
(4) The previous appointment of a person as chief executive does not affect the person’s eligibility for re-appointment.
(5) The chief executive holds that office as a member of staff of the IfA.
(6) The IfA may appoint other members of staff.
(7) Service as a member of staff of the IfA is employment in the civil service of the State.
(8) The following are to be determined by the IfA with the approval of the Secretary of State—
(a) the number of members of staff of the IfA (in addition to the chief executive);
(b) the conditions of service of staff of the IfA.
(9) Sub-paragraph (8)(b) is subject to sub-paragraph (1).
Arrangements with Secretary of State
6 The Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.
Committees
7 (1) The IfA may establish committees, and any committee established by the IfA may establish sub-committees.
(2) The IfA may—
(a) dissolve a sub-committee established under sub-paragraph (1), or
(b) alter the purposes for which such a sub-committee is established.
(3) In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”.
(4) An IfA committee must include at least two persons who are members of the IfA or its staff.
(5) The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who—
(a) is a member of an IfA committee, but
(b) is not a member of the IfA or its staff.
(6) The IfA must, if directed to do so by the Secretary of State, review—
(a) the structure of IfA committees, and
(b) the scope of the activities of each IfA committee.
Procedure
8 (1) The IfA may regulate—
(a) its own proceedings (including quorum), and
(b) the procedure (including quorum) of IfA committees.
(2) The validity of proceedings of the IfA, or of an IfA committee, is not affected by—
(a) a vacancy;
(b) a defective appointment.
Exercise of functions
9 (1) Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf—
(a) a member of the IfA;
(b) a member of the IfA’s staff;
(c) an IfA committee;
(d) any other person.
(2) The IfA may not authorise any of the functions under sections A2, A2A and A2E to A2I to be exercised on its behalf—
(a) under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA’s staff, or
(b) under sub-paragraph (1)(d).
(3) The IfA may authorise the exercise on its behalf of functions that have been—
(a) delegated to the IfA by directions under section ZA4, or
(b) conferred on the IfA by regulations under section ZA5,
only if and to the extent that the directions or regulations so provide.
Supplementary powers
10 (1) The IfA may—
(a) provide information or advice to any person in connection with any of the IfA’s functions;
(b) co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA’s functions;
(c) carry out research for the purposes of, or in connection with, the IfA’s functions;
(d) do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions.
(2) The power in sub-paragraph (1)(d) is subject to any restrictions imposed by or under any provision of any Act.
(3) The IfA may not borrow money.
(4) The IfA may not, without the consent of the Secretary of State—
(a) lend money,
(b) form, participate in forming or invest in a company, or
(c) form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993).
(5) In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
Accounts and reports
11 (1) The IfA must—
(a) keep proper accounts and proper records in relation to its accounts, and
(b) prepare in respect of each financial year a statement of accounts.
(2) Each statement of accounts must comply with any directions given by the Secretary of State as to—
(a) the information to be contained in it,
(b) the manner in which such information is to be presented, or
(c) the methods and principles according to which the statement is to be prepared.
(3) The IfA must send a copy of each statement of accounts to—
(a) the Secretary of State, and
(b) the Comptroller and Auditor General,
before the end of the month of August following the financial year to which the statement relates.
(4) The Comptroller and Auditor General must—
(a) examine, certify and report on each statement of accounts, and
(b) send a copy of each report and certified statement to the Secretary of State.
(5) The Secretary of State must lay before Parliament—
(a) a copy of each statement sent to the Secretary of State under sub-paragraph (3), and
(b) a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4).
(6) “Financial year” has the meaning given by section ZA6(6) (annual and other reports).
Application of seal and proof of documents
12 (1) The application of the IfA’s seal must be authenticated by the signature of—
(a) the chief executive, or
(b) a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically).
(2) A document purporting to be duly executed under the IfA’s seal, or signed on its behalf—
(a) is to be received in evidence, and
(b) is to be treated as executed or signed in that way, unless the contrary is proved.
Funding
13 (1) The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate.
(2) The conditions may, in particular—
(a) enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with;
(b) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.”
10 In Schedule 1 to the Superannuation Act 1972, in the list of “Offices”, at the appropriate place insert—“Non-executive member of the Institute for Apprenticeships.”
11 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities) at the appropriate place insert—
“The Institute for Apprenticeships.” —(Anna Soubry.)
This new Schedule establishes the Institute for Apprenticeships and makes provision about its functions.
Brought up, read the First and Second time, and added to the Bill.
Clauses 36 and 37 ordered to stand part of the Bill.
Clause 38
Commencement
Amendment made: 76, in clause 38, page 54, line 29, at end insert—
“() section (Extended Sunday opening hours and Sunday working)(5), and Schedule (Sunday working hours: rights of shop workers) (Sunday working hours: rights of shop workers), 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;” —(Anna Soubry.)
This amendment provides for the power to make regulations under sections 41A to 41C of the Employment Rights Act 1996 to come into force on Royal Assent. These provisions confer powers to make regulations about the meaning of “normal Sunday working hours” and the form and content of explanatory statements.
Anna Soubry
I beg to move amendment 19, in clause 38, page 54, line 30, at end insert—
“() paragraph 2 of Schedule2 (things to be included in Secretary of State’s report in respect of the business impact target), and section14 (which introduces Schedule 2) so far as relating to that paragraph;”
This amendment provides for paragraph 2 of Schedule 2 to come into force on Royal Assent.
Anna Soubry
I beg to move amendment 29, in clause 40, page 55, line 33, leave out subsection (2)
This amendment removes the privilege amendment inserted by the Lords.
The amendment deals with the title of the Act and is very short. I am sure that it will not be controversial.
Amendment 29 agreed to.
Clause 40, as amended, ordered to stand part of the Bill.
Title
Amendment made: 77, in title, line 1, at end insert
“provision about Sunday opening hours and Sunday working;”—(Anna Soubry.)
This amendment amends the long title of the Bill so as to include a reference to the provisions about Sunday opening hours and rights to opt out of Sunday working, as provided for by NC21 and NS2.
Kevin Brennan
On a point of order, Sir David. As we have now reached, in good time, as we always were going to, the point where we wrap up the Committee proceedings, I thought I should take the opportunity to thank you and your co-Chair, Ms Buck, for the excellent way in which you have chaired our proceedings and kept us all in order. Even though we attempted to wander off the path on occasion, you quite rightly led us back on to it, for which we are very grateful. I hope that you will pass that on to Ms Buck.
I thank the Clerks of the Committee, the Doorkeepers, the police, the civil servants and the Hansard reporters. On behalf of the Opposition, I thank the Ministers for the courteous way in which they have conducted proceedings and for responding to our questions most of the time. I also thank Government Members for their contributions, which have enhanced our debates. It is important that Members take the opportunity to participate in Committee.
I thank those members of the public who have attended and watched proceedings, and I thank the Whips for their help—
Kevin Brennan
As a former Government Whip, I have some sympathy with my right hon. Friend, but there is a certain freemasonry of the Whips that always stays with one. I once had lunch with the former deputy Chief Whip of the Conservative Government, Sir Bernard Weatherill, who was also Speaker of the House. He told me that we could not have civilisation without sewers and we could not have Parliament without the Whips. I say to the Government Whip that both should remain pretty much underground for pretty much the same reason. Although he has wanted to contribute to our debates from time to time, there are very good reasons why he should remain silent.
I thank our staff who helped us to prepare. Having served on both sides of a Committee, I can say that debating a Bill in opposition is the parliamentary equivalent of digging a ditch: you work very hard down in a hole, sometimes not really making much progress, and nobody can see you. I am relieved, if I can put it that way, that we have reached the end of this stage of the Bill, but I thank our staff, meagre as they are, as well as the volunteers and others who have helped us to prepare for the Committee.
I thank our friends from the Scottish National party for their contributions, and I thank my right hon. and hon. Friends for their contributions, because they have been absolutely fantastic. On that basis, I commend the Bill as it goes off to Report. We will have a lot more to say at that stage on many of the issues we have discussed.
Hannah Bardell
Further to that point of order, Sir David, I echo the comments of the hon. Member for Cardiff West and thank all the Clerks and staff and yourself and Ms Buck. This is the second Bill Committee that I have been part of, but it is the first for my hon. Friend the Member for Kilmarnock and Loudoun, and I know I speak on his behalf when I say that it has been a largely enjoyable experience.