Small Business, Enterprise and Employment Act 2015 Part 4
What this means for your business
- Applies to
- United Kingdom
- On this page
- 8 compliance obligations, 3 practical guides across 2 topics
What you must do
8 compliance obligations under this legislation.
Payments and fees 1
Pay annual levy to the Adjudicator
If your business owns a pub, the Adjudicator can require you to pay an annual levy to cover its expenses. You will be told how much you must pay, when it is due and how to pay it, and you must make the payment by the stated date. The Adjudicator must get the Secretary of State’s consent before setting the levy and must publish how the amounts are calculated.
Offences and prohibitions 6
Act as a director while disqualified (bankruptcy‑related)
If you act as a company director, or take part in running a company, while you are an undischarged bankrupt or subject to a bankruptcy‑related restriction order, you commit a criminal offence unless you have permission from the appropriate court. The offence applies to directors in any business and can lead to prosecution.
Act as director while bankrupt or under restrictions
If you act as a company director, or take part in setting up or running a company, while you are an undischarged bankrupt or subject to a bankruptcy, debt‑relief or moratorium order, you commit a criminal offence unless you have court permission. Breaching this can lead to prosecution, with possible fines and/or imprisonment.
Appoint a non‑natural person as director
Unlimited fineIf a company tries to appoint a corporation, partnership or any other legal person as a director (instead of a natural person), the appointment is void and the company, the legal person and any officers responsible commit an offence. On conviction the offender faces an unlimited fine (summary‑court fine in England & Wales, level‑5 fine in Scotland and Northern Ireland). There is no custodial sentence.
Disclose or use VAT registration information unlawfully
Unlimited fineIf you reveal or use VAT registration details in breach of the rules set out in section 8 of the Small Business, Enterprise and Employment Act 2015, you commit a criminal offence. The penalty is the same as for an offence under section 19 of the Commissioners for Revenue and Customs Act 2005, which can include a fine (often unlimited) and, in serious cases, imprisonment.
Fail to comply with an information request from the Pubs Code Adjudicator
Unlimited fineIf you deliberately ignore a written notice from the Pubs Code Adjudicator demanding documents or information (or you do not provide it by the deadline), you commit a criminal offence. On conviction you face an unlimited fine, either on summary conviction in the magistrates' court or on indictment in the Crown Court.
Fail to keep the central register statement up‑to‑date
Fine up to £1,000If a private company does not keep the statement it must send to Companies House up‑to‑date (or fails to correct it when the company’s register of members is changed), the company and every officer who was in default commit a criminal offence. On conviction in the Magistrates’ Court you can be fined up to £1,000, plus a daily default fine of up to £100 for each day the breach continues.
Reporting and filing 1
Publish information as ordered by the Adjudicator
If an Adjudicator sends you a written notice telling you to publish details about an investigation, you must put that information out in the way and by the date they specify. Failure to do so can lead to civil action, such as an injunction, to force compliance.
Penalties for non-compliance
6 penalties under this legislation. 3 carry an unlimited fine.
Appoint a non‑natural person as director
Unlimited fine
Disclose or use VAT registration information unlawfully
Unlimited fine
Fail to comply with an information request from the Pubs Code Adjudicator
Unlimited fine
Fail to keep the central register statement up‑to‑date
Fine up to £1,000
Act as a director while disqualified (bankruptcy‑related)
Penalty applies
Act as director while bankrupt or under restrictions
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Pubs Code for tied tenants
Your rights as a tied pub tenant under the Pubs Code. Covers Market Rent Only (MRO) option, rent assessment process, …
Business funding and grants
Find funding options for your business.
Start Up Loans
Government-backed loans from £500 to £25,000 with fixed 6% interest and free business mentoring.
Sections and provisions
181 classified provisions from this legislation.
Duties 8
- s.21 Duty on Secretary of State to publish business impact target etc
- s.23 Duty on Secretary of State to publish reports
- s.24A Duty on relevant regulators to assess economic impact etc
- s.54 Investigation reports
- s.57 Requirements to publish information
- s.63 Levy funding
- s.71A Reports on avoidance
- s.147 Equal pay: transparency
Offences and penalties 8
- Schedule 1 The Pubs Code Adjudicator
- s.3 Companies: duty to publish report on payment practices and performance
- s.9 Offences for the purposes of section 8
- s.58 Financial penalties
- s.87 Requirement for all company directors to be natural persons
- s.113 Disqualification as director: bankruptcy, etc in Scotland and Northern Ireland
- s.114 Company Directors Disqualification (Northern Ireland) Order 2002: bankruptcy, etc in England and Wales or Scotland
- Schedule 5 Option to keep information on central register
Powers 46
- s.4 Small and medium sized businesses: information to credit reference agencies
- s.6 Sections 4 and 5: supplementary
- s.8 Disclosure of VAT registration information
- s.10 Disclosure of exporter information
- s.18 Power to specify regulatory functions
- s.19 Guidance by the Secretary of State
- s.31 Section 28(2)(b): appropriateness of making provision for review
- s.34 Small and micro business regulations: further provision
- s.38 Exemption from liability for bodies concerned with accounting standards etc
- s.45 Market rent only option: disputes
- s.47 Inconsistency with Pubs Code etc
- s.51 Arbitration: supplementary
- s.52 Information about arbitration
- s.53 Investigations
- s.55 Forms of enforcement
- s.59 Recovery of investigation costs
- s.60 Advice
- s.64 Loans by Secretary of State
- s.65 Review of Adjudicator and guidance from Secretary of State
- s.67 Information to Secretary of State
- ... and 26 more powers
Definitions 19
- s.1 Power to invalidate certain restrictive terms of business contracts Prescribed appropriate authority
- s.2 Section 1(4)(a): meaning of “financial services” financial services financial trading
- s.7 Sections 4 to 6: interpretation designated bank designated credit reference agency designated finance platform
- s.15 Target for streamlined company registration Registration information VAT
- s.17 Review of regulators' complaints and appeals procedures
- s.27 Sections 21 to 25 etc: interpretation
- s.29 Section 28(1)(b): interpretation Qualifying activity Voluntary or community body
- s.33 Definitions of small and micro business small business micro business undertaking
- s.43 Pubs Code: market rent only option market rent only option renewal
- s.44 Market rent only option: procedure
- s.66 Abolition of Adjudicator
- s.68 “Tied pub” tied pub alcohol
- s.70 “Tied pub tenant”, “landlord”, “tenancy” and “licence” tied pub tenant landlord licence
- s.72 Interpretation: other provision the Adjudicator financial year product or service tie
- s.91 Shadow directors: provision for Northern Ireland
- s.122 Abolition of requirements to hold meetings: company insolvency qualifying decision procedure Relevant creditors Relevant contributories
- s.154 Regulations in connection with repayment of public sector exit payments responsible authority prescribed
- s.155 Section 154(1): further provision subsequent authority
- s.159 Consequential amendments, repeals and revocations primary legislation
Exemptions 14
- s.5 Small and medium sized businesses: information to finance platforms
- s.13 Electronic paying in of cheques etc
- s.28 Duty to review regulatory provisions in secondary legislation
- s.35 Exclusion of home businesses from Part 2 of the Landlord and Tenant Act 1954
- s.92 Duty to deliver confirmation statement instead of annual return
- s.96 Protection of information about a person's date of birth
- s.101 Registrar's duty to inform new directors of entry in register
- s.102 Removal from register of material about directors
- s.119 Application of proceeds of office-holder claims
- s.139 Oversight of recognised professional bodies
- s.153 Exclusivity terms unenforceable in zero hours contracts
- s.161 Supplementary provision about regulations
- Schedule 3 Register of people with significant control
- Schedule 11 Single regulator of insolvency practitioners: supplementary provision