Small Business, Enterprise and Employment Act 2015
Small Business, Enterprise and Employment Act 2015 (2015 c. 26)
- Small Business, Enterprise and Employment Act 2015 (2015 c. 26)
- PART 1 Access to finance
- Assignment of receivables
- 1 Power to invalidate certain restrictive terms of business contracts
- 2 Section 1(4)(a): meaning of “financial services”
- Business payment practices
- 3 Companies: duty to publish report on payment practices and performance
- Financial information about businesses
- 4 Small and medium sized businesses: information to credit reference agencies
- 5 Small and medium sized businesses: information to finance platforms
- 6 Sections 4 and 5: supplementary
- 7 Sections 4 to 6: interpretation
- 8 Disclosure of VAT registration information
- 9 Offences for the purposes of section 8
- Exports
- 10 Disclosure of exporter information
- 11 Power of the Secretary of State under section 1 of the EIGA 1991
- 12 EIGA 1991: further amendments
- Presentment of cheques etc
- 13 Electronic paying in of cheques etc
- Payment systems
- 14 Powers of the Payment Systems Regulator
- PART 2 Regulatory reform
- Streamlined company registration
- 15 Target for streamlined company registration
- 16 Streamlined company registration: duty to report on progress
- Review of business appeals procedures
- 17 Review of regulators' complaints and appeals procedures
- 18 Power to specify regulatory functions
- 19 Guidance by the Secretary of State
- Report on investigations under financial regulators' complaints scheme
- 20 Independent Complaints Commissioner: reporting duty
- ...
- 21 Duty on Secretary of State to publish business impact target etc
- 22 Sections 21 and 23 to 25: “qualifying regulatory provisions” etc
- 23 Duty on Secretary of State to publish reports
- 24 Additional matters to be included in reports
- 24A Duty on relevant regulators to assess economic impact etc
- 25 Appointment of body to verify assessments and lists in reports
- 26 Amending the business impact target etc
- 27 Sections 21 to 25 etc: interpretation
- Secondary legislation: duty to review
- 28 Duty to review regulatory provisions in secondary legislation
- 29 Section 28(1)(b): interpretation
- 30 Section 28(2)(a): “provision for review”
- 31 Section 28(2)(b): appropriateness of making provision for review
- 32 Sections 28 to 31 etc: supplementary
- Definitions of small and micro business
- 33 Definitions of small and micro business
- 34 Small and micro business regulations: further provision
- Home businesses
- 35 Exclusion of home businesses from Part 2 of the Landlord and Tenant Act 1954
- 36 Section 35: supplementary and consequential provision
- CMA recommendations
- 37 CMA to publish recommendations on proposals for Westminster legislation
- Liability of bodies concerned with accounting standards
- 38 Exemption from liability for bodies concerned with accounting standards etc
- PART 3 Public sector procurement
- 39 Regulations about procurement
- 40 Investigation of procurement functions
- PART 4 The Pubs Code Adjudicator and the Pubs Code
- The Pubs Code Adjudicator
- 41 The Adjudicator
- Pubs Code
- 42 Pubs Code
- 43 Pubs Code: market rent only option
- 44 Market rent only option: procedure
- 45 Market rent only option: disputes
- 46 Review of Pubs Code
- 47 Inconsistency with Pubs Code etc
- Arbitration by Adjudicator
- 48 Referral for arbitration by tied pub tenants
- 49 Timing of referral for arbitration by tied pub tenants
- 50 Arbitration commenced by pub-owning businesses
- 51 Arbitration: supplementary
- 52 Information about arbitration
- Investigations by Adjudicator
- 53 Investigations
- 54 Investigation reports
- 55 Forms of enforcement
- 56 Recommendations
- 57 Requirements to publish information
- 58 Financial penalties
- 59 Recovery of investigation costs
- Advice and guidance by Adjudicator
- 60 Advice
- 61 Guidance
- Adjudicator's reporting requirements
- 62 Annual report
- Funding of Adjudicator
- 63 Levy funding
- 64 Loans by Secretary of State
- Supervision of Adjudicator
- 65 Review of Adjudicator and guidance from Secretary of State
- 66 Abolition of Adjudicator
- 67 Information to Secretary of State
- Supplementary
- 68 “Tied pub”
- 69 “Pub-owning business”
- 70 “Tied pub tenant”, “landlord”, “tenancy” and “licence”
- 71 Power to grant exemptions from Pubs Code
- 71A Reports on avoidance
- 72 Interpretation: other provision
- 73 Regulations under this Part
- PART 5 Childcare and schools
- 74 Funding for free of charge early years provision
- 75 Exemption from requirement to register as early years provider
- 76 Childminding other than on domestic premises
- 77 Registration of childcare: premises
- PART 6 Education evaluation
- 78 Assessments of effectiveness
- 79 Qualifications
- 80 Destinations
- PART 7 Companies: Transparency
- Register of people with significant control
- 81 Register of people with significant control
- 82 Review of provisions about PSC registers
- Register of interests disclosed
- 83 Amendment of section 813 of the Companies Act 2006
- Abolition of share warrants to bearer
- 84 Abolition of share warrants to bearer
- 85 Amendment of company's articles to reflect abolition of share warrants
- 86 Review of section 84
- Corporate directors
- 87 Requirement for all company directors to be natural persons
- 88 Review of section 87
- Shadow directors
- 89 Application of directors' general duties to shadow directors
- 90 Shadow directors: definition
- 91 Shadow directors: provision for Northern Ireland
- PART 8 Company filing requirements
- Annual return reform
- 92 Duty to deliver confirmation statement instead of annual return
- 93 Section 92: related amendments
- Additional information on the register
- 94 Option for companies to keep information on central register
- 95 Recording of optional information on register
- Information about dates of birth
- 96 Protection of information about a person's date of birth
- Statements of capital etc
- 97 Contents of statements of capital
- 98 Public companies: information about aggregate amount paid up on shares
- Registered office disputes
- 99 Address of company registered office
- Director disputes
- 100 Company filing requirements: consent to act as director or secretary
- 101 Registrar's duty to inform new directors of entry in register
- 102 Removal from register of material about directors
- Accelerated strike-off
- 103 Reduction in notice periods etc for striking off companies
- PART 9 Directors' disqualification etc
- New grounds for disqualification
- 104 Convictions abroad
- 105 Persons instructing unfit director
- Determining unfitness
- 106 Determining unfitness and disqualifications: matters to be taken into account
- 107 Reports of office-holders on conduct of directors of insolvent companies
- Director disqualification: other amendments
- 108 Unfit directors of insolvent companies: extension of period for applying for disqualification order
- 109 Directors: removal of restriction on application for disqualification order
- Compensation awards
- 110 Compensation orders and undertakings
- Consequential amendments and corresponding provision for Northern Ireland
- 111 Sections 104 to 110: consequential and related amendments
- 112 Provision for Northern Ireland corresponding to sections 104 to 111
- Bankruptcy: Scotland and Northern Ireland
- 113 Disqualification as director: bankruptcy, etc in Scotland and Northern Ireland
- 114 Company Directors Disqualification (Northern Ireland) Order 2002: bankruptcy, etc in England and Wales or Scotland
- 115 Disqualification as insolvency practitioner: bankruptcy, etc in Scotland or Northern Ireland
- 116 Disqualification as insolvency practitioner in Northern Ireland: bankruptcy, etc in England and Wales or Scotland
- PART 10 Insolvency
- Office-holder actions
- 117 Power for administrator to bring claim for fraudulent or wrongful trading
- 118 Power for liquidator or administrator to assign causes of action
- 119 Application of proceeds of office-holder claims
- Removing requirements to seek sanction
- 120 Exercise of powers by liquidator: removal of need for sanction
- 121 Exercise of powers by trustee in bankruptcy: removal of need for sanction
- Position of creditors
- 122 Abolition of requirements to hold meetings: company insolvency
- 123 Abolition of requirements to hold meetings: individual insolvency
- 124 Ability for creditors to opt not to receive certain notices: company insolvency
- 125 Ability for creditors to opt not to receive certain notices: individual insolvency
- 126 Sections 122 to 125: further amendments
- Administration
- 127 Extension of administrator's term of office
- 128 Administration: payments to unsecured creditors
- 129 Administration: sales to connected persons
- 130 Attachment of floating charges on administration (Scotland)
- Small debts
- 131 Creditors not required to prove small debts: company insolvency
- 132 Creditors not required to prove small debts: individual insolvency
- Trustees in bankruptcy
- 133 Trustees in bankruptcy
- Voluntary arrangements
- 134 Time limit for challenging IVAs
- 135 Abolition of fast-track voluntary arrangements
- Progress reports
- 136 Voluntary winding-up: progress reports
- Regulation of insolvency practitioners: amendments to existing regime
- 137 Recognised professional bodies: recognition
- 138 Regulatory objectives
- 139 Oversight of recognised professional bodies
- 140 Recognised professional bodies: revocation of recognition
- 141 Court sanction of insolvency practitioners in public interest cases
- 142 Power for Secretary of State to obtain information
- 143 Compliance orders
- Power to establish single regulator of insolvency practitioners
- 144 Power to establish single regulator of insolvency practitioners
- 145 Regulations under section 144: designation of existing body
- 146 Regulations under section 144: timing and supplementary
- PART 11 Employment
- Equal pay
- 147 Equal pay: transparency
- Whistleblowing
- 148 Protected disclosures: reporting requirements
- 149 Protection for applicants for employment etc in the health service
- Employment tribunals
- 150 Financial penalty for failure to pay sums ordered by employment tribunal etc
- 151 Employment tribunal procedure regulations: postponements
- National minimum wage
- 152 Amount of financial penalty for underpayment of national minimum wage
- Exclusivity in zero hours contracts
- 153 Exclusivity terms unenforceable in zero hours contracts
- Public sector exit payments
- 153A Regulations to restrict public sector exit payments
- 153B Supplementary provision about regulations under section 153A
- 153C Power to relax restriction on public sector exit payments
- 154 Regulations in connection with repayment of public sector exit payments
- 155 Section 154(1): further provision
- 156 Power to make regulations under section 154(1) to be exercisable by the Treasury or Scottish Ministers
- 157 Power of Secretary of State to waive repayment requirement
- Concessionary coal
- 158 Concessionary coal
- PART 12 General
- 159 Consequential amendments, repeals and revocations
- 160 Transitional, transitory or saving provision
- 161 Supplementary provision about regulations
- 162 Financial provisions
- 163 Extent
- 164 Commencement
- 165 Short title
- SCHEDULES
- SCHEDULE 1 The Pubs Code Adjudicator
- PART 1 The Pubs Code Adjudicator
- Status
- Appointment
- Deputy Adjudicator
- Term of office etc
- Remuneration
- Staff
- Conflicts of interest
- Validity of acts
- Application of seal and proof of documents
- Accounts
- Incidental powers
- Assistance from the Secretary of State
- Exemption from liability for damages
- PART 2 Information powers of the Pubs Code Adjudicator
- PART 3 Amendments of legislation
- SCHEDULE 2 Registration of childcare: premises
- Childcare Act 2006
- Water Industry Act 1991
- SCHEDULE 3 Register of people with significant control
- PART 1 Duty to obtain information and keep register
- PART 2 Related amendments
- SCHEDULE 4 Abolition of share warrants to bearer
- PART 1 Arrangements for conversion and cancellation of existing share warrants
- Right of surrender during surrender period
- Consequences of failure to surrender during first 7 months of surrender period
- Second notice of right to surrender
- Expiry of right to surrender and applications for cancellation of outstanding share warrants
- Cancellation orders and suspended cancellation orders
- Registration of reduction of share capital
- Reduction of share capital below authorised minimum in case of public company
- Payment into court in connection with cancellation
- Company with outstanding share warrants: prohibition on striking off
- Notices
- Company filings: language requirements
- Application of sections 1112 and 1113 of the Companies Act 2006
- Offences
- Interpretation
- Transitory provision
- PART 2 Consequential amendments
- SCHEDULE 5 Option to keep information on central register
- PART 1 Creation of the option
- Register of members
- Register of overseas members
- Register of directors and register of directors' residential addresses
- Register of secretaries
- PART 2 Related amendments
- SCHEDULE 6 Contents of statements of capital
- SCHEDULE 7 Sections 104 to 110: consequential and related amendments
- PART 1 Company Directors Disqualification Act 1986
- PART 2 Other enactments
- Companies (Audit, Investigations and Community Enterprises) Act 2004
- Companies Act 2006
- SCHEDULE 8 Northern Ireland: provision corresponding to sections 104 to 111
- The Company Directors Disqualification (Northern Ireland) Order 2002
- Convictions abroad
- Determining unfitness and disqualification orders: matters to be taken into account
- Extension of period for applying for disqualification order for unfit directors
- Reports of office-holders on conduct of directors of insolvent companies
- Directors: removal of restriction on application for disqualification order
- Persons instructing unfit director
- Compensation orders and undertakings
- Amendments consequential on, or related to, amendments made by paragraphs 2 to 8
- SCHEDULE 9 Abolition of requirements to hold meetings; opted-out creditors
- PART 1 Company insolvency
- Introductory
- Company voluntary arrangements
- Administration
- Receivers and managers
- Winding-up
- Other provision
- PART 2 Individual insolvency
- Introductory
- Individual voluntary arrangements
- Bankruptcy
- Other provision
- SCHEDULE 10 Trustees in bankruptcy
- Insolvency Act 1986 (c. 45)
- Enterprise and Regulatory Reform Act 2013 (c. 24)
- SCHEDULE 11 Single regulator of insolvency practitioners: supplementary provision
- Operation of this Schedule
- Name, members and chair
- Remuneration etc.
- Staff
- Proceedings
- Fees
- Consultation
- Training and other services
- Report and accounts
- Funding
- Financial penalties
- Status etc.
- Transfer schemes
- Additional provision where body is unincorporated association
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