Digest
Parliamentary Digest
HC first reading, 17 September 2015 (see also page 20 of this issue)
HC committee stage, 17 September 2015
HC report stage, 16 September 2015
HC first reading, 15 September 2015
HC second reading, 15 September 2015
HC second reading, 14 September 2015
ADMINISTRATON OF JUSTICE
Regulation 2 brings into force on 15 October 2015 provisions of the Modern Slavery Act (MSA) 2015 relating to guidance about identifying and supporting victims, presumption about age and overseas domestic workers.
Regulation 3 brings into force on 1 November 2015 the provision of the MSA relating to the duty to notify the secretary of state about suspected victims of slavery or human trafficking .
EMPLOYMENT
Amend the National Minimum Wage Regulations (NMW Regs) 2015 SI No 621, amended by SI No 2015/971.
Regulation 2(2)( a) increases the rate of the national minimum wage for workers who are aged 21 or over from £6.50 to £6.70 per hour (NMW Regs reg 4(1)( a)) .
Regulation 2(2)( b) increases the rate for workers who are aged 18 or over (but not yet aged 21) from £5.13 to £5.30 per hour (NMW Regs reg 4(1)( b)) .
Regulation 2(2)( c) increases the rate for workers who are under the age of 18 from £3.79 to £3.87 per hour (NMW Regs reg 4(1)( c)) .
The apprenticeship rate applies to workers within NMW Regs reg 5(1) (a) and (b). Regulation 2(2)( d) of these regulations increases the rate for such workers from £2.73 to £3.30 per hour (NMW Regs reg 4(1)( d)) .
Regulation 2(3) increases the accommodation amount which is applicable where any employer provides a worker with living accommodation from £5.08 to £5.35 for each day that accommodation is provided (NMW Regs reg 16(1)) . In force 1 October 2015.
HOUSING
Substitute a new form for the form contained in the Schedule to the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 SI No 1646 in order to correct an error which was identified in the original form. A number of other drafting and formatting changes have also been made to the new form to make it more accessible to users. In force 30 September 2015.
Impose duties on certain landlords of residential premises in respect of smoke and carbon monoxide alarms. The duties do not apply to a landlord who is a registered provider of social housing. The regulations require local housing authorities to enforce the requirements. In force 1 October 2015.
PRACTICE AND PROCEDURE
This Order brings into force the specified provisions of the Deregulation Act (DA) 2015 on the dates specified. Article 2: provisions coming into force on 1 October 2015: Section 1 was brought into force on 27 March 2015, by DA s115(2), for the purpose of making provision by regulations. This Order brings DA s1 into force for all remaining purposes.
Section 1 amends Health and Safety at Work etc Act 1974 s3, which imposes a duty on every self-employed person to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that the self-employed person and other persons (not being their employees) who may be affected are not exposed to risks to their health and safety. The amendment limits the scope of the duty to self-employed persons who conduct an undertaking of a prescribed description. The Health and Safety at Work etc Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015 SI No 1583 set out the undertakings in respect of which the amended duty will apply.
Section 15 amends Clean Air Act 1993 Part 3 (smoke control areas) so that the secretary of state’s powers to authorise fuels and exempt classes of fireplace for the purposes of that Part are exercisable by reference to published lists. These powers are currently exercisable by statutory instrument.
Section 17 amends Insolvency Act (IA) 1986 Part 13 by introducing a new regime for the full and partial authorisation of insolvency practitioners.
Section 18 amends Companies Act (CA) 2006 Part 16 Chapter 4, which sets out the notification requirements applying when an auditor resigns, is removed from oÿce or, in some cases, is not reappointed. These provisions have effect in relation to financial years beginning on or after 1 October 2015.
Section 18(5) introduces Schedule 5, which further amends CA 2006 Part 16 Chapter 4 by reducing the notification requirements applying when auditors resign or are removed from office , amending the requirements that apply if there is a failure to reappoint an auditor and replacing references to documents being deposited at a company’s registered oÿce . These provisions have effect in relation to financial years beginning on or after 1 October 2015.
The specified parts of DA s19 and Schedule 6 have the following effects:
- repeal the Deeds of Arrangement Act 1914 (alternative to bankruptcy);
- amend IA 1986 Schedule B1, which relates to administration;
- omit IA 1986 s51, which enabled a court to order payment of money due to a company being wound up by the court to be paid into the Bank of England;
- amend IA 1986 s174 to provide for the release of a liquidator when the winding up order has been rescinded;
- amend the Company Directors Disqualification Act 1986 so that the secretary of state or the oÿcial receiver may request information relevant to a person’s conduct as a director of a company;
- amend IA s307 to facilitate banks offering bank accounts to undischarged bankrupts;
- repeal provisions in the IA 1986 which provide for a competent authority to grant, refuse or withdraw authorisation to act as an insolvency practitioner and for authorisations of nominees and supervisors in relation to voluntary arrangements.
- DA Schedule 13 Part 5 of the Act and, so far as it relates to that Part, DA s59 amends the Control of Pollution Act 1974 to remove the power of local authorities to designate areas as noise abatement zones. It also makes consequential amendments to that Act, the Local Government, Planning and Land Act 1980 and the Environmental Protection Act 1990.
- DA s66 provides for the secretary of state’s powers to require governing bodies of maintained schools to set annual targets in relation to school performance to cease to apply in relation to England. It also removes the secretary of state’s power to require local authorities in England to set annual targets in respect of the educational performance of pupils at schools maintained by them.
- DA s71 amends Licensing Act 2003 Schedule 2, inserting paragraph 2A, which gives powers to licensing authorities to designate certain geographical areas, types of premises or time periods as exempt from the licensing requirements which would otherwise apply to the supply of late night refreshment: the supply of hot food or hot drinks to members of the public between 11 pm and 5 am.
Article 3: provisions coming into force on 1 January 2016: Schedule 16 paragraphs 4 and 5 remove the requirements for local authorities, governing bodies and head teachers of maintained schools in England to have regard to guidance when carrying out certain functions relating to school staffing .
DA s94 amends Political Parties, Elections and Referendums Act 2000 Schedule 1 by changing the frequency at which the Electoral Commission is required to produce a five-year plan, and making associated changes to the role of Comptroller and Auditor General (the National Audit Office) in respect of the Electoral Commission.
DA s95 amends Local Democracy, Economic Development and Construction Act 2009 Schedule 1 by changing the frequency at which the Local Government Boundary Commission for England (LGBCE) is required to produce a five-year plan, and making associated changes to the role of the Comptroller and Auditor General (the National Audit Office) in respect of the LGBCE.
DA s95 also enables the LGBCE to appoint up to two independent members to its audit committee. At present, only a member of the LGBCE may be a member of any of its committees.
Article 8 amends the Act to spell out that the commencement date referred to in paragraph 23(1), ie, the date on which paragraph 21 came into force – is 1 October 2015.
WRITTEN ANSWERS
Individuals who have been identified as victims of trafficking by the competent authorities are normally considered suitable for detention in only very exceptional circumstances, which include cases where there is a risk of public harm. This data is not collected centrally and accurate figures are not available. Once a person is detained, their continued detention remains under review by the Home Office at least at monthly intervals, and earlier in response to any change of circumstances that might have a material effect on their detention.
The government will restrict the amount of tax relief landlords can claim on property finance costs (such as mortgage interest or interest on loans to buy furnishings) to the basic rate of tax. This will ensure that landlords with the largest incomes no longer receive the most generous tax treatment. To give landlords time to adjust, the government will introduce this change over four years starting from April 2017. The actual number of taxpayers affected will depend on behavioural changes and other economic factors.
HM Treasury has published a distributional analysis of the impact of the Summer Budget 2015, which includes the effect of tax credit and other welfare measures on households. This information can be found at here.
HM Revenue and Customs publishes information on families’ tax credit awards within local authorities. The most recent available data is for 2013–14 and can be found at here. Information on the number of families in individual constituencies receiving tax credits and the average value of these payments can be found in table 2.
At the Summer Budget 2015, the government announced that it will reduce the burden of inheritance tax for families by making it easier to pass on a home to direct descendants. Information about this measure is available here
The Ministry of Justice does not collect information centrally on litigants in person in family court cases. It publishes quarterly figures on the number of disposals and the average time taken for their disposal by case type and by the legal representation of the parties. The latest figures up to quarter 1 (January to March) 2015 can be found here.