Employment Relations Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 26
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD TEBBIT
 
290     Page 13, line 43, at end insert--
 
    ("(  )  For the purposes of this section, "employees' representative" or "employers' representative" shall not include any trade union, trade association or political party.")
 
291     Page 13, line 43, at end insert--
 
    ("(  )  The amount of money that the Secretary of State may spend or provide pursuant to subsections (1) and (2) of this section shall not exceed in any fiscal year the sum of £100,000 or such greater sum as shall be revocably approved from time to time by simple resolution of both Houses of Parliament.")
 
292     Page 13, line 43, at end insert--
 
    ("(3)  The recipients of money provided pursuant to this section shall within 15 months of the provision of the money (and annually if the money is utilised over a period of more than one year) deliver to the Secretary of State accounts, audited by an accountant qualified to do so pursuant to the Companies Act 1985, as to the use made of the money.
 
    (4)  The recipients of such money shall deliver with the audited accounts a report on the use made of the funds and their appraisal of the effectiveness (or otherwise) of the steps they have taken in achieving the objects of this section.
 
    (5)  Any recipient of money who fails to comply with the provisions of subsections (3) or (4) within the time specified or such longer time that the Secretary of State may grant in individual cases shall be guilty of an offence carrying the same penalties as may be provided for by the Secretary of State pursuant to section 3(3)(b) of this Act.")
 
293     Page 13, line 43, at end insert--
 
    ("(  )  The Secretary of State shall make a report to both Houses of Parliament including--
    (a)  details of all sums of money provided by him pursuant to this section during the previous fiscal year and any money which was loaned but which has been repaid during that period and any interest received,
    (b)  the names of the recipients and purposes of any grants or loans made during that period, and
    (c)  a summary of the reports he has received pursuant to subsection (4) of this section and his own appraisal of all schemes and projects which are currently in progress or which have been completed during the previous fiscal year and any other information he considers relevant.")
 
  
Schedule 7
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
294     Page 86, line 11, at end insert--
 
    ("Provided that regulations made under this section shall only be made with the purpose of protecting employees' rights and not otherwise to interfere with the commercial relationship between such agencies or businesses and employers."")
 
  
BY THE LORD SIMON OF HIGHBURY
 
295     Page 88, line 33, at end insert-- 
 ("Regulations and orders 
     . For section 12(5) (regulations and orders: procedure) there shall be substituted--
        (5)  Regulations under section 5(1) or 6(1) of this Act shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
        (6)  Regulations under section 13(7)(i) of this Act or an order under section 14(3) shall be subject to annulment in pursuance of a resolution of either House of Parliament."  ")
 
296     Page 88, line 36, at end insert-- 
 ("Exemptions 
     . For section 13(7)(i) there shall be substituted--
      (i)  any prescribed business or service, or prescribed class of business or service or business or service carried on or provided by prescribed persons or classes of person."  ")
 
  
Clause 28
 
  
BY THE LORD SIMON OF HIGHBURY
 
297     Page 14, line 12, at end insert-- 
     ("(3)  In section 14 of the Employment Rights (Dispute Resolution) Act 1998--
    (a)  subsection (1) shall cease to have effect, and
    (b)  in subsection (2) for "that Act" substitute "the Employment Rights Act 1996."")
1998 c. 8.
  
After Clause 32
 
  
BY THE LORD SIMON OF HIGHBURY
 
297ZA     Insert the following new Clause-- 
     ("  .--(1)  This section applies where regulations under section 2(2) of the European Communities Act 1972 (general implementation of Treaties) make provision for the purpose of implementing, or for a purpose concerning, a Community obligation of the United Kingdom which relates to the treatment of employees on the transfer of an undertaking or business or part of an undertaking or business.
 
    (2)  The regulations may make the same or similar provision in relation to the treatment of employees in circumstances other than those to which the Community obligation applies (including circumstances in which there is no transfer, or no transfer to which the Community obligation applies).")
Transfer of undertakings.
1972 c. 68.
  
Clause 33
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
297A     Page 16, line 3, at end insert--
 
    ("(3)  Where regulations are made or are laid before Parliament for approval under this Act for the purpose of implementing any European Union Directive in United Kingdom law, the Secretary of State shall simultaneously in each case publish a statement setting out where those regulations go beyond the minimum requirement of the directive.
 
    (4)  A statement under subsection (3) shall also give estimates of--
    (a)  the cost to business which will arise from the regulations, and
    (b)  the cost which would have arisen from implementing the minimum standards permissible under the directive.")
 
297B     Page 16, line 3, at end insert--
 
    ("(3)  Any regulations made under this Act, whether relating directly to this Act or amending any other Act as herein provided shall lapse five years after they come into effect unless they are renewed from time to time, for periods up to a further five years, by a resolution of each House of Parliament.
 
    (4)  If any such regulations are varied by the Secretary of State at any time pursuant to any powers granted under this Act, the period of five years shall be deemed to run from the date that the variation comes into effect.
 
    (5)  Any resolution renewing any regulations may vary them in any manner that the Secretary of State would have power to do under this Act.")
 
  
After Clause 33
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
297C     Insert the following new Clause-- 
     ("  .  Twelve months after the coming into force of this Act, and annually thereafter, the Department of Trade and Industry shall publish a detailed qualitative and quantitative report, following consultation with representatives of employers and trade unions and any other persons or bodies whom the Secretary of State shall deem it expedient to consult, on the impact on the economy of its provisions.")Annual report of impact of Act on the economy.
  
Schedule 8
 
  
BY THE LORD SIMON OF HIGHBURY
 
298     Page 89, line 30, at end insert-- 
 "In section 118(1)(b), the word ", 127".") 
299     Page 90, leave out lines 13 and 14 
300     Page 90, line 24, at end insert-- 
 ("1992 c. 52.Trade Union and Labour Relations (Consolidation) Act 1992.In Schedule A1, paragraph 122.") 
301     Page 91, line 3, at end insert-- 
 ("1999 c. 00Employment Relations Act 1999.Section 16(6).") 
302     Page 94, line 17, at end insert-- 
 ("1998 c. 8.Employment Rights (Dispute Resolution) Act 1998.Section 14(1).") 
  
After Clause 36
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
302A     Insert the following new Clause-- 
     ("  .--(1)  Where it seems to the Secretary of State that the operation of this Act is damaging the economy of the country or reducing its competitiveness in respect of--
    (a)  a particular industry or trade or group of workers;
    (b)  a particular category or size of business (reckoned by the number of persons in its workforce);
    (c)  an economic emergency attending more than one section of industry; or
    (d)  a particular part of the country,
he may by Order suspend the operation of all or any part of this Act (to be specified in the Order) for a period of not more than 40 working days subject to renewal from time to time in a further order or orders.
 
    (2)  No order shall be made under subsection (1) unless a draft thereof has been laid before, and approved by a resolution of, each House of Parliament.")
Suspension.
  
Clause 37
 
  
BY THE LORD SIMON OF HIGHBURY
 
303     Page 16, line 17, at beginning insert--
 
    ("(1)  Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
 
    (2)  Subject to subsection (1),")
 
304     Page 16, line 17, at end insert--
 
    ("(  )  An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to any of the purposes of this Act--
    (a)  shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
    (b)  shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
 
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