Small Business, Enterprise and Employment Act 2015 (c. 26)

Version status: Partly in force | Document consolidation status: Updated to reflect all known changes

Published date: 26 March 2015

Small Business, Enterprise and Employment Act 2015 (c. 26)

	Introductory Text
	Part 1 Access to finance (ss. 1-14)
	Assignment of receivables (ss. 1-2)
	1. Power to invalidate certain restrictive terms of business contracts
	2. Section 1(4)(a): meaning of "financial services"
	Business payment practices (s. 3)
	3. Companies: duty to publish report on payment practices and performance
	Financial information about businesses (ss. 4-9)
	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 (ss. 10-12)
	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 (s. 13)
	13. Electronic paying in of cheques etc
	Payment systems (s. 14)
	14. Powers of the Payment Systems Regulator
	Part 2 Regulatory reform (ss. 15-38)
	Streamlined company registration (ss. 15-16)
	15. Target for streamlined company registration
	16. Streamlined company registration: duty to report on progress
	Review of business appeals procedures (ss. 17-19)
	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 (s. 20)
	20. Independent Complaints Commissioner: reporting duty
	Business impact target (ss. 21-27)
	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 (ss. 28-32)
	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 (ss. 33-34)
	33. Definitions of small and micro business
	34. Small and micro business regulations: further provision
	Home businesses (ss. 35-36)
	35. Exclusion of home businesses from Part 2 of the Landlord and Tenant Act 1954
	36. Section 35: supplementary and consequential provision
	CMA recommendations (s. 37)
	37. CMA to publish recommendations on proposals for Westminster legislation
	Liability of bodies concerned with accounting standards (s. 38)
	38. Exemption from liability for bodies concerned with accounting standards etc
	Part 3 Public sector procurement (ss. 39-40)
	⚠ 39. Regulations about procurement
	⚠ 40. Investigation of procurement functions
	Part 4 The Pubs Code Adjudicator and the Pubs Code (ss. 41-73)
	The Pubs Code Adjudicator (s. 41)
	41. The Adjudicator
	Pubs Code (s. 42-47)
	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 (ss. 48-52)
	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 (ss. 53-59)
	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 (ss. 60-61)
	60. Advice
	61. Guidance
	Adjudicator's reporting requirements (s. 62)
	62. Annual report
	Funding of Adjudicator (ss. 63-64)
	63. Levy funding
	64. Loans by Secretary of State
	Supervision of Adjudicator (ss. 65-67)
	65. Review of Adjudicator and guidance from Secretary of State
	66. Abolition of Adjudicator
	67. Information to Secretary of State
	Supplementary (ss. 68-73)
	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 (ss. 74-77)
	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 (ss. 78-80)
	78. Assessments of effectiveness
	79. Qualifications
	80. Destinations
	Part 7 Companies: Transparency (ss. 81-91)
	Register of people with significant control (ss. 81-82)
	81. Register of people with significant control
	82. Review of provisions about PSC registers
	Register of interests disclosed (s. 83)
	83. Amendment of section 813 of the Companies Act 2006
	Abolition of share warrants to bearer (ss. 84-86)
	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 (ss. 87-88)
	87. Requirement for all company directors to be natural persons
	88. Review of section 87
	Shadow directors (ss. 89-91)
	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 (ss. 92-103)
	Annual return reform (ss. 92-93)
	92. Duty to deliver confirmation statement instead of annual return
	93. Section 92: related amendments
	Additional information on the register (ss. 94-95)
	94. Option for companies to keep information on central register
	95. Recording of optional information on register
	Information about dates of birth (s. 96)
	96. Protection of information about a person's date of birth
	Statements of capital etc (ss. 97-98)
	97. Contents of statements of capital
	98. Public companies: information about aggregate amount paid up on shares
	Registered office disputes (s. 99)
	99. Address of company registered office
	Director disputes (ss. 100-102)
	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 (s. 103)
	103. Reduction in notice periods etc for striking off companies
	Part 9 Directors' Disqualification etc (ss. 104-116)
	New grounds for disqualification (ss. 104-105)
	104. Convictions abroad
	105. Persons instructing unfit director
	Determining unfitness (ss. 106-107)
	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 (ss. 108-109)
	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 (s. 110)
	110. Compensation orders and undertakings
	Consequential amendments and corresponding provision for Northern Ireland (ss. 111-112)
	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 (ss. 113-116)
	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 (ss. 117-146)
	Office-holder actions (ss. 117-119)
	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 (ss. 120-121)
	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 (ss. 122-126)
	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 (ss. 127-130)
	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 (ss. 131-132)
	131. Creditors not required to prove small debts: company insolvency
	132. Creditors not required to prove small debts: individual insolvency
	Trustees in bankruptcy (s. 133)
	133. Trustees in bankruptcy
	Voluntary arrangements (ss. 134-135)
	134. Time limit for challenging IVAs
	135. Abolition of fast-track voluntary arrangements
	Progress reports (s. 136)
	136. Voluntary winding-up: progress reports
	Regulation of insolvency practitioners: amendments to existing regime (ss. 137-143)
	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 (ss. 144-146)
	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 (ss. 147-158)
	Equal pay (s. 147)
	147. Equal pay: transparency
	Whistleblowing (ss. 148-149)
	148. Protected disclosures: reporting requirements
	149. Protection for applicants for employment etc in the health service
	Employment tribunals (ss. 150-151)
	⚠ 150. Financial penalty for failure to pay sums ordered by employment tribunal etc
	151. Employment tribunal procedure regulations: postponements
	National minimum wage (s. 152)
	152. Amount of financial penalty for underpayment of national minimum wage
	Exclusivity in zero hours contracts (s. 153)
	153. Exclusivity terms unenforceable in zero hours contracts
	Public sector exit payments (ss. 153A-157)
	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 (s. 158)
	158. Concessionary coal
	Part 12 General (ss. 159-165)
	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
	Schedule 1 The Pubs Code Adjudicator
	Schedule 1, Part 1 The Pubs Code Adjudicator (paras. 1-18)
	Schedule 1, Part 2 Information Powers of the Pubs Code Adjudicator (paras. 19-22)
	Schedule 1, Part 3 Amendments of Legislation (paras. 23-26)
	Schedule 2 Registration of Childcare: Premises
	Schedule 3 Register of People With Significant Control
	Schedule 3, Part 1 Duty to obtain information and keep register (paras. 1-2)
	Schedule 3, Part 2 Related Amendments (paras. 3-11)
	Schedule 4 Abolition of Share Warrants to Bearer
	Schedule 4, Part 1 Arrangements for Conversion and Cancellation of Existing Share Warrants (paras. 1-21)
	Schedule 4, Part 2 Consequential Amendments (paras. 22-28)
	Schedule 5 Option to Keep Information on Central Register
	Schedule 5, Part 1 Creation of the option (paras. 1-10)
	Schedule 5, Part 2 Related Amendments (paras. 11-35)
	Schedule 6 Contents of Statements of Capital
	Schedule 7 Sections 104 to 110: Consequential and Related Amendments
	Schedule 7, Part 1 Company Directors Disqualification Act 1986 (paras. 1-23)
	Schedule 7, Part 2 Other Enactments (paras. 24-25)
	Schedule 8 Northern Ireland: Provision Corresponding to Sections 104 to 111
	Schedule 9 Abolition of Requirements to hold Meetings; Opted-Out Creditors
	Schedule 9, Part 1 Company Insolvency (paras. 1-59)
	Schedule 9, Part 2 Individual Insolvency (paras. 60-88)
	Schedule 10 Trustees in Bankruptcy
	Schedule 11 Single Regulator of Insolvency Practitioners: Supplementary Provision