COMPANY
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Special Provisions Review
Customs & Excise has announced a review of the administration of the Special Provisions on the Transfer of a Business as a Going Concern (TOGC). The last major review of these provisions was more than ro years ago. This review is an opportunity to gather the opinions of businesses about the practical workings of the provisions, and to identify any common problems. It will examine areas being challenged and determine whether changes to the law are necessary, as well as considering alternative approaches to the transfer of a business.
Customs & Excise is looking at several areas, including: • The clarity of the published guidance on TOGC; • Common situations where a transfer takes place, but the guidance is unclear as to whether it constitutes a TOGC; and • Problems experienced when complying with the TOGC Special Provisions.
Copies are available from the Customs & Excise web site, www.hmce.gov.uk.
DTI Report
The DTI has issued a new report on the Review of Company Rescue and Business Reconstruction Mechanisms. The report makes recommendations in two main areas:
• Handling of proposals for Voluntary Arrangements by the Inland Revenue and Customs & Excise; and
• Workings of the corporate insolvency system. The report is available free from Maureen Charles at the Insolvency Service. Contact: 020 7291 6740. It is also available on the internet at www.insolvency.gov.uk.
Comments on the report are due by 2 February 2001. Contact: Desmond Flynn, Insolvency Service, Room 517, 21 Bloomsbury Street, London WCIB 3QW.
Internet usage
Two new sets of figures have shown an increase in the number of businesses using the internet. A report commissioned by the DTI shows 27% of UK business is trading online, putting the UK on a par with the US and Canada. The figures also show that nine out of up people work in businesses which have access to the internet, and 81% of UK business is online, compared with 63% in 1999. A new £5.5m Internet Mentoring Initiative was also announced to help small and medium-sized enterprises (SM Es) to use the internet in their business.
New research published by Oftel also shows an increase in internet image among S MEs. A total of 93% of medium businesses and 69% of small businesses are now connected to the internet.
Business in the Information Age is available online at www.ukonlineforbusiness.gov.ulc Internet Use Among Small and Medium Enterprises is available from the Research and Intelligence Unit Contact 020 7634 8761.
E-business legislation New legislation has been laid before Parliament which will remove obstades to electronic communication by making changes to the Companies Act 1985. The draft Order will allow companies to communicate electronically with members and shareholders, meaning they will no longer have to rely solely on sending information by post. Businesses will be able to provide a better, faster service to shareholders and reduce paperwork and costs.
Under the amendments, companies will be able to: • Register electronically; • Allow shareholders to access annual reports and accounts on their web sites; and • Allow shareholders to use e-communications to appoint proxies and give voting instructions.
This is the first order to be brought forward under section 8 of the Electronic Communications Act 2000.
Companies Act 1985 (Electronic Communications) Order zoo° is available, price i3.50, from the Stationery Office,
EMPLOYMENT ACAS Annual Report The ACAS annual report has shown a huge strift towards individual rights issues. The Working Time Regulations 1998 (SI 1998/1833) and the National Minimum Wage Regulations 1999 (SI 1999/584) have had a significant effect on employee/employer relationships, leading to 7,000 complaints to Employment Tribunals during 1999/2000.
There was a 40% increase in the use of the network of ACAS public enquiry points, and ACAS resolved 76% of cases before they reached the tribunal stage, saving time and money,
The ACAS Annual Report 1999/2000 is available free of charge from ACAS Reader Ltd, PO Box 16, Earl Shilton, Leicester LE9 8ZZ. Contact: 01455 852223 or the ACAS web site: www.acas.org.uk.
Partnership Fund
p.4m of the DTI's km Partnership Fund has been allocated to 41 projects nationwide that help stamp out workplace harassment. Many of the fund winners are creating solutions to stop bullying and violence in the workplace, whereas some are improving their health and safety training and work-life balances of employees.
For further information about the Partnership Fund, contact the DTI's helpline on 020 7215 6252, Or visit the web site at www.dtigov.uk/partnershipfund.
HEALTH & SAFETY
HSE Enforcement Report
The Health & Safety Executive (HSE) has published its first enforcement report, which names companies, organisations and individuals convicted of health and safety crimes during 1999/2000.
The report lists about 1,600 individual offences, and ensures that health and safety convictions are available for everyone to see in order to hold companies accountable for their health and safety performance. By publishing this report the HSE aims to put pressure on those who have breached the law, and to deter others from doing so.
Health and Safety Offences and Penalties is available at www.hse.gov.uk or from the HSE Information Centre, Broad Lane, Sheffield 53 7HQ. A database of convictions has also been set up: www.hse-clatabases.co.uk/prosecutions.