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| Wednesday 5 December 2012 |
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| For other Amendment(s) see the following page(s):
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| Groceries Code Adjudicator Committee 1 and 3-4 |
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| Groceries Code Adjudicator Bill [Lords] |
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| Clause 4, page 2, line 12, at end add— |
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| | ‘(4) | The Adjudicator will have authority to review compliance and to undertake one |
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| | or more investigations if the Adjudicator suspects that there has been any breach |
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| | of the Groceries Code since that Code came into force on 4 February 2010.’. |
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| Clause 13, page 5, line 3, at end add— |
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| | ‘(2) | In considering such changes, the Adjudicator shall review the territorial extent of |
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| | the Groceries Code, especially in relation to the activities of large retailers outside |
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| | the United Kingdom, such activities to include supplier trading practices and |
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| | activities undertaken by the subsidiaries of large retailers.’. |
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| Clause 18, page 7, line 43, leave out paragraphs (b) and (c). |
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| Clause 18, page 8, line 2, at end insert— |
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| | ‘(3A) | Notwithstanding subsection (3), the Adjudicator shall, before permitting any |
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| | disclosure of the identity of any complainant or provider of information to the |
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| | Adjudicator, take all practical steps to protect the identity of that person by |
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| | redacting, anonymising and where appropriate otherwise limiting the disclosure |
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| | of identifying information to any third party and further by obtaining binding |
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| | undertakings of non-disclosure from any person to whom identifying information |
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| Clause 9, page 3, line 34 , at end insert— |
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| | ‘(7) | The Secretary of State must make an order— |
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| | (a) | specifying the amount of the permitted maximum, or |
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| | (b) | specifying how that amount is to be determined. |
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| | (8) | The Adjudicator must, within 6 months beginning with the day on which |
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5 | | section 1 comes into force, make a recommendation as to the amount that should |
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| | be specified in the first order under subsection (7) or the method for determining |
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| | (9) | Before making a recommendation the Adjudicator must consult any person he or |
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10 | | (10) | The Secretary of State— |
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| | (a) | must have regard to the Adjudicator’s recommendation when making the |
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| | first order under subsection (7); |
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| | (b) | may amend or replace an order under subsection (7) only if the Secretary |
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| | of State has considered whether to do so as part of a review under |
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| | (11) | The Adjudicator may not impose a financial penalty in respect of a breach of the |
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| | Groceries Code that occurs before the first order under subsection (7) comes into |
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| | As an Amendment to Jo Swinson’s proposed Amendment (No. 6):— |
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| | ‘(7A) | The Secretary of State must make the order referred to in subsection (7) within 3 |
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| | months of the Adjudicator making the recommendation referred to in subsection |
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| Clause 4, page 2, line 5, leave out subsection (1) and insert— |
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| | ‘(1) | The Adjudicator may carry out an investigation where there are reasonable |
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| | grounds to suspect that a large retailer has— |
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| | (a) | broken the Groceries Code; or |
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| | (b) | failed to follow a recommendation made under section 7; or |
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| | (c) | failed to incorporate the Groceries Code into a supply agreement, as |
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| | required under Article 5 of the Groceries Supply Order.’. |
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| Clause 6, page 2, line 26, leave out from ‘a large retailer’ to end of line 28 and |
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| insert ‘any of the grounds for launching an investigation under section 4(1) has in fact |
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| occurred, the Adjudicator may take one or more of the following enforcement measures— |
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| Clause 7, page 2, line 33, leave out subsection (1) and insert— |
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| | ‘(1) | If the Adjudicator chooses to enforce through making recommendations, that |
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| | (a) | in the case that a retailer has been found to have broken the Groceries |
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| | Code, or has failed to follow a previous recommendation made under this |
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| | section, recommending what the large retailer should do in order to |
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| | comply with the Groceries Code; and |
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| | (b) | in the case that a retailer has been found to have failed to incorporate the |
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| | Groceries Code into a Supply Agreement, as required under Article 5 of |
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| | the Groceries Supply Order, recommending what the large retailer should |
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| | do in order to comply with Article 5 of the Groceries Supply Order.’. |
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