Enterprise and Regulatory Reform Act 2013
What this means for your business
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 1 practical guide
What you must do
6 compliance obligations under this legislation — 3 can result in imprisonment.
Payments and fees 1
Get shareholder approval for director payments not covered by policy
If your company is listed on a stock exchange, you can only pay directors (including salaries, bonuses or other benefits) if the payment follows the latest directors’ remuneration policy that shareholders have approved. If a payment falls outside that policy you must put the matter to a vote of the shareholders, give them at least 15 days’ notice with full details of the payment, and publish the information on your website.
Offences and prohibitions 5
Fail to obtain planning permission for demolition in a conservation area
2 years imprisonmentIf you carry out demolition of a building that lies in a conservation area in England without first getting the required planning permission, or you breach any condition attached to that permission, you commit a criminal offence. On conviction you can be fined (unlimited amount) and face up to 12 months in prison if tried in a magistrates' court, or up to 2 years in prison if the case goes to the Crown Court.
Falsify information to obtain a listed building lawfulness certificate
2 years imprisonmentIf you deliberately give a false or misleading statement, use a fake document, or hide important information when applying for a certificate of lawfulness for works on a listed building, you commit a criminal offence. Conviction can lead to an unlimited fine and, on indictment, up to two years’ imprisonment (or both). The offence can be tried either in a magistrates’ court or the Crown Court.
Intentionally alter, suppress or destroy a CMA notice document
2 years imprisonmentIf you deliberately change, hide or destroy a document that the Competition and Markets Authority has legally required you to provide under a section 174 notice, you commit a criminal offence. On conviction you can be fined (up to the statutory maximum) and, if tried on indictment, you may also be sentenced to up to two years’ imprisonment.
Make false statements or omit information in a bankruptcy application
If you knowingly or recklessly give false information, leave out required information, or fail to tell the adjudicator about a change when making a bankruptcy application, you commit an offence. A conviction can result in a fine (potentially unlimited) and/or imprisonment, even if the bankruptcy order is not ultimately made.
Unauthorised disclosure of ACAS information
Unlimited fineIf you share information held by ACAS about a worker, an employer or a trade union, and the disclosure is not covered by one of the permitted exceptions, you commit a criminal offence. The offence is tried in the magistrates’ court and can result in an unlimited fine. No jail term is provided for this breach.
Penalties for non-compliance
5 penalties under this legislation. 3 can result in imprisonment. 4 carry an unlimited fine.
Fail to obtain planning permission for demolition in a conservation area
Unlimited fine and/or 2 years imprisonment
Falsify information to obtain a listed building lawfulness certificate
Unlimited fine and/or 2 years imprisonment
Intentionally alter, suppress or destroy a CMA notice document
Unlimited fine and/or 2 years imprisonment
Unauthorised disclosure of ACAS information
Unlimited fine
Make false statements or omit information in a bankruptcy application
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
128 classified provisions from this legislation.
Duties 4
Offences and penalties 5
Powers 24
- s.4 Financial assistance
- s.7 Conciliation before institution of proceedings
- s.15 Power by order to increase or decrease limit of compensatory award
- s.27 Transfer schemes
- s.28 Transitional provision: consultation
- s.31 Interim measures: financial penalties: mergers
- s.45 Power for Secretary of State to impose time-limits on investigations etc.
- s.52 Power to remove concurrent competition functions of sectoral regulators
- s.60 Listed buildings in England: agreements and orders granting listed building consent
- s.71 Bankruptcy applications: determination by adjudicators
- s.83 Redress schemes: lettings agency work
- s.84 Redress schemes: property management work
- s.85 Orders under section 83 or 84: enforcement
- s.87 Approval of redress schemes for the purposes of section 83 or 84
- s.92 Power to add to supplies protected under Insolvency Act 1986
- s.93 Corporate insolvency: power to give further protection to essential supplies
- s.94 Individual insolvency: power to give further protection to essential supplies
- s.95 Sections 93 and 94: supplemental
- s.99 Consequential amendments, repeals and revocations
- s.100 Transitional, transitory or saving provision
- ... and 4 more powers
Definitions 4
Exemptions 9
- s.13 Dismissal for political opinions: no qualifying period of employment
- s.14 Confidentiality of negotiations before termination of employment
- s.16 Power of employment tribunal to impose financial penalty on employers etc
- s.42 Part 1 of the 1998 Act: procedural matters
- s.70 Estate agency work
- s.75 Penalties under provision amending exceptions: copyright and rights in performances
- s.78 Penalties under provision implementing Directive on term of protection
- s.82 Payments to directors: transitional provision
- s.88 Redress schemes: supplemental