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My Lords, we had the very cautious report from Sir Jon Cunliffe about water, and the Government followed that up with a fairly timid White Paper last week. Does not something much more drastic in terms of restructuring water companies need to happen so that they avoid this sort of fiasco in the future?
My Lords, we had the very cautious report from Sir Jon Cunliffe about water, and the Government followed that up with a fairly timid White Paper last week. Does not something much more drastic in terms of restructuring water companies need to happen so that they avoid this sort of fiasco in the future?
I disagree with the noble Baroness about the White Paper being timid. I believe it sets out once-in-a-generation reforms that will really transform the water system for good and lead to a water Bill which Members of this House, including the noble Baroness, can help us make the best piece of legislation for the water industry that we have ever seen.
To ask Her Majesty’s Government whether they consider that the levels of the civil penalties laid down under the Companies Act 2006 are proportionate. [HL6605]
To ask Her Majesty’s Government whether they consider that the levels of the civil penalties laid down under the Companies Act 2006 are proportionate. [HL6605]
The issue of civil penalties for the late filing of company accounts was carefully considered by Parliament during the passage of the Companies Act 2006. The changes to the penalty regime were the first to be introduced since the introduction of civil penalties in 1992, and the scale of penalties then in force was becoming less effective in encouraging the timely filing of accounts. The provision of up to date company information is one of the building blocks of the UK economy and the register of company information maintained by Companies House is accessed millions of times every year, striking evidence of the value placed on company information by the business community. Since the changes introduced by the Companies Act 2006, compliance rates have increased and the number of companies receiving penalties is declining. The percentage of companies now filed up to date stands at almost 99% with 94% filing on time. Therefore, I consider that the levels of civil penalties laid down under the Companies Act 2006 are appropriate.
To ask Her Majesty’s Government, further to the Written Answer by Viscount Younger of Leckie on 25 March (WA 193), how many charities have incurred a civil penalty in each of the last five years. [HL6603]
To ask Her Majesty’s Government, further to the Written Answer by Viscount Younger of Leckie on 25 March (WA 193), how many charities have incurred a civil penalty in each of the last five years. [HL6603]
Companies House cannot distinguish those companies which are charities from those which are not. Therefore, it cannot provide figures on how many charities have incurred a civil penalty in each of the last five years.
To ask Her Majesty’s Government, further to the Written Answer by Viscount Younger of Leckie on 25 March (WA 194), how many businesses have incurred a civil penalty in each of the past five years. [HL6604]
To ask Her Majesty’s Government, further to the Written Answer by Viscount Younger of Leckie on 25 March (WA 194), how many businesses have incurred a civil penalty in each of the past five years. [HL6604]
Businesses become susceptible to a civil penalty only if they are registered as limited companies with Companies House. Companies House maintains statistics on the number of penalties incurred by limited companies and publishes them on its website. Information on the number of penalties incurred in each of the past five years can be found at: http://www.companieshouse. gov.uk/about/lateFilingPenaltiesStatistics.shtml.
To ask Her Majesty’s Government how many small charities with an income of (1) less than £10,000 per annum, and (2) more than £10,000 per annum, have been fined by Companies House for late or incomplete delivery of statutory documents in each of the past three years.[HL6164]
To ask Her Majesty’s Government how many small charities with an income of (1) less than £10,000 per annum, and (2) more than £10,000 per annum, have been fined by Companies House for late or incomplete delivery of statutory documents in each of the past three years.[HL6164]
Companies House does not fine companies. Companies automatically incur a civil penalty if they file their accounts after the filing deadline laid down in legislation. Civil penalties are laid down by Parliament in regulations made under the Companies Act 2006;
the legislation lays the duty to collect penalties on the Registrar of Companies. All monies raised from civil penalties are paid into the Treasury’s consolidated fund and not retained by Companies House.
Although Companies House registers company accounts, and places them on the public record, it does not capture the contents (including the income line) of these accounts. Therefore, we cannot identify how many small charities with an income of (1) less than £10,000 per annum, and (2) more than £10,000 per annum have incurred a civil penalty.
To ask Her Majesty’s Government what representations they have received about the functioning of the fine system for late or incomplete delivery of statutory documents to Companies House since the Companies Act 2006 came into effect; and from which organisations.[HL6166]
To ask Her Majesty’s Government what representations they have received about the functioning of the fine system for late or incomplete delivery of statutory documents to Companies House since the Companies Act 2006 came into effect; and from which organisations.[HL6166]
Companies House does not fine companies. Companies automatically incur a civil penalty if they file their accounts after the filing deadline laid down in legislation. The civil penalties are laid down by Parliament in regulations made under the Companies Act 2006; the legislation lays the duty to collect the penalties on the Registrar of Companies. All moneys raised from civil penalties are paid into the Treasury’s consolidated fund and not retained by Companies House.
After the Companies Act 2006 came into effect, Companies House, on behalf of the Government, carried out a consultation on civil penalties for the late filing of accounts. The consultation was made on the basis of the following proposals. (i) All penalties to be increased to take account of inflation between 1992 and 2007. (ii) A faster rate of increase in penalties for companies which file more than one month late. (iii) A doubling of the penalty for any company which files late having also filed late the previous year.
Companies House received 26 responses to this consultation, and were a mix of positive and negative responses to the questions. Following advice from its then parent department, the Department for Business, Enterprise and Regulatory Reform, the responses were anonymised. The proposals were later made law by regulations made under the Companies Act 2006.
Twelve representations on civil penalties have also been made under the Government’s Red Tape Challenge, and are also a mix of positive and negative responses. The representations are made by individuals rather than organisations and the details can be found on the Red Tape Challenge website at: http://www.redtape challenge.cabinetoffice.gov.uk/themehome/company-commercial-law/.
To ask Her Majesty’s Government how many small businesses with an income of less than £15,000 per annum have been fined by Companies House for late or incomplete delivery of statutory documents in each of the last three years.[HL6165]
To ask Her Majesty’s Government how many small businesses with an income of less than £15,000 per annum have been fined by Companies House for late or incomplete delivery of statutory documents in each of the last three years.[HL6165]
Companies House does not fine companies. Companies automatically incur a civil penalty if they file their accounts after the filing deadline laid down in legislation. The civil penalties are laid down by Parliament in regulations made under the Companies Act 2006; the legislation lays the duty to collect the penalties on the Registrar of Companies. All monies raised from civil penalties are paid into the Treasury’s consolidated fund and not retained by Companies House.
Although Companies House registers company accounts, and places them on the public record, it does not capture the contents (including the income line) of these accounts. Therefore, we cannot identify how many companies with an income of less than £15,000 have incurred a civil penalty.
I am grateful to my noble friend. I suspect that that is as far as we can go this evening. I have to say on the record that if I find that the agreement does not hold, I shall have to consider my position very carefully. I still want to...
I am grateful to my noble friend. I suspect that that is as far as we can go this evening. I have to say on the record that if I find that the agreement does not hold, I shall have to consider my position very carefully. I still want to...
157A: Clause 136, page 121, line 41, at end insert ““or if the building has been empty for twelve months or more””
157A: Clause 136, page 121, line 41, at end insert ““or if the building has been empty for twelve months or more””
My Lords, I am sure that the House will find it convenient if we discuss all the amendments relating to Clause 136 in one group and, therefore, I intend to regroup them. I am sure that your Lordships will not need reminding that this matter was not discussed at all...
My Lords, I am sure that the House will find it convenient if we discuss all the amendments relating to Clause 136 in one group and, therefore, I intend to regroup them. I am sure that your Lordships will not need reminding that this matter was not discussed at all...
I am grateful to the Minister for clarifying the fact that it is still open. Therefore, it is free for me to bring the matter back before your Lordships at Third Reading.
I am grateful to the Minister for clarifying the fact that it is still open. Therefore, it is free for me to bring the matter back before your Lordships at Third Reading.
Can she give me an assurance that it will be possible to come back on this at Third Reading on the basis of that? Can the Minister clarify what she is saying? She says that she has a list of other measures, but we will not know what they are...
Can she give me an assurance that it will be possible to come back on this at Third Reading on the basis of that? Can the Minister clarify what she is saying? She says that she has a list of other measures, but we will not know what they are...
I am grateful to the Minister for that suggestion. Is she saying that the issue is still live and can therefore come back on Third Reading?
I am grateful to the Minister for that suggestion. Is she saying that the issue is still live and can therefore come back on Third Reading?
My Lords, I thank all noble Lords who have not only stayed but spoken so passionately that it makes up in quality for what we did not have in numbers. Several other noble Lords who were not able to stay have expressed their sadness about that. The noble Baroness, Lady...
My Lords, I thank all noble Lords who have not only stayed but spoken so passionately that it makes up in quality for what we did not have in numbers. Several other noble Lords who were not able to stay have expressed their sadness about that. The noble Baroness, Lady...
I would be pleased to ask her again, because it is very important before I make a decision on what to do with this amendment.
I would be pleased to ask her again, because it is very important before I make a decision on what to do with this amendment.
My Lords, the Bill marks an important moment. It is the start of the turn of the tide from a very low point where sophisticated new technologies, fear of terrorism, authorities with little regard for privacy and a series of illiberal Home Secretaries combined to make the UK ““surveillance Britain””...
My Lords, the Bill marks an important moment. It is the start of the turn of the tide from a very low point where sophisticated new technologies, fear of terrorism, authorities with little regard for privacy and a series of illiberal Home Secretaries combined to make the UK ““surveillance Britain””...
I have one illustration to add to the point that the noble Lord, Lord Campbell-Savours, made so well. Who is to say that that person with the deckchair is even on the demonstration? One of the issues under the—happily to be repealed—SOCA provisions was that a person turning up in...
I have one illustration to add to the point that the noble Lord, Lord Campbell-Savours, made so well. Who is to say that that person with the deckchair is even on the demonstration? One of the issues under the—happily to be repealed—SOCA provisions was that a person turning up in...
Briefly, I agree heartily with my noble friend. It is not just a question of the seniority of the police officer, or whether they are warranted. My noble friend made some important points. Every inquiry into difficulties with protests recently has found that training is the issue. I hope that...
Briefly, I agree heartily with my noble friend. It is not just a question of the seniority of the police officer, or whether they are warranted. My noble friend made some important points. Every inquiry into difficulties with protests recently has found that training is the issue. I hope that...
My Lords, my name is to this amendment. I pay tribute to the noble Baroness, Lady Meacher, for her energetic work in this area. She has given the House an excellent introduction to this amendment so I will not delay things at all, except to say that since the Misuse...
My Lords, my name is to this amendment. I pay tribute to the noble Baroness, Lady Meacher, for her energetic work in this area. She has given the House an excellent introduction to this amendment so I will not delay things at all, except to say that since the Misuse...
My Lords, I follow that by saying that this is a particularly important section of the Bill. My noble friend Lady Hamwee laid out a little bit of the history of this legislation. Last time, with the SOCPA provisions, which are now being repealed, Parliament got it very wrong—although it...
My Lords, I follow that by saying that this is a particularly important section of the Bill. My noble friend Lady Hamwee laid out a little bit of the history of this legislation. Last time, with the SOCPA provisions, which are now being repealed, Parliament got it very wrong—although it...