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