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| For other Amendment(s) see the following page(s):
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| Groceries Code Adjudicator Committee 1, 3-4 and 5-7 |
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| Groceries Code Adjudicator Bill [Lords] |
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| Clause 2, page 1, line 11, at end add— |
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| | ‘(3) | Where the adjudicator is appointing an arbitrator the following must be taken into |
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| | (a) | the location of the arbitration considering the convenience of the |
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| | (b) | the qualifications of the arbitrator; |
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| | (c) | the experience of the arbitrator; and |
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| | (d) | the awareness which the arbitrator has of |
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| | (i) | the laws applying in— |
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| | (c) | Northern Ireland; and |
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| | (ii) | the market and economic conditions applying in— |
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| Clause 11, page 4, line 14, after ‘to’, insert ‘the public,’. |
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| Clause 15, page 5, line 27, after ‘must’, insert ‘appoint an independent Review |
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| Clause 15, page 5, line 28, at end add— |
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| | ‘( ) | The Independent Review Panel shall be chaired by a judge of the High Court or |
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| | the Court of Session and comprise— |
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| | (a) | a representative of the retail sector; |
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| | (b) | a representative of the supply sector; and |
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| | (c) | a consumer representative.’. |
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| Clause 18, page 7, line 30, after ‘Adjudicator’, insert ‘or the Deputy Adjudicator or |
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| any person acting on the Adjudicator’s behalf’. |
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| Clause 18, page 7, line 30, leave out ‘may’ and insert ‘must’. |
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| Clause 18, page 7, line 36, after ‘Adjudicator’, insert ‘or the Deputy Adjudicator or |
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| any person acting on the Adjudicator’s behalf’. |
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| Clause 18, page 7, line 36, leave out ‘may’ and insert ‘must’. |
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| Clause 18, page 7, line 42, after ‘Adjudicator’, insert ‘or the Deputy Adjudicator or |
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| any person acting on the Adjudicator’s behalf’. |
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| Clause 18, page 8, line 9, at end add— |
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| | ‘( ) | Any person who, in contravention of this section knowingly discloses any |
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| | information obtained when employed by, or acting on behalf of, the Adjudicator |
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| | is guilty of an offence and liable on summary conviction to a fine.’. |
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| Schedule 1, page 13, line 1, leave out from ‘with’ to end of line 2 and insert ‘for the |
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| Schedule 1, page 13, line 16, leave out ‘Secretary of State’ and insert |
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| Schedule 1, page 13, line 17, leave out ‘if asked to do so by the Adjudicator’. |
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| Clause 7, page 2, line 36, at end insert— |
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| | ‘(2A) | If the Adjudicator determines that a recommendation has not been, or is not being, |
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| | followed, the Adjudicator may issue a requirement notice to the large retailer in |
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| | which the Adjudicator may set out one or more recommendations with which the |
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| | large retailer must comply. Such requirement notice may in the Adjudicator’s |
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| | discretion contain a time period for compliance and an indication of which other |
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| | form of enforcement the Adjudicator envisages might be imposed in the event of |
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| | continued non-compliance.’. |
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| To move the following Clause:— |
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| | ‘(1) | A large retailer (A) which is alleged to have broken the Groceries Code victimises |
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| | another person (B) if A subjects B to a detriment because: |
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| | (a) | B does a protected act; or |
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| | (b) | A believes that B has done, may have done, or may do, a protected act. |
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| | (2) | Each of the following is a protected act: |
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| | (a) | giving evidence of information in connection with proceedings under this |
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| | (b) | doing any other thing for the purposes of or in connection with this Act; |
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| | (c) | making an allegation (whether or not express) that A or another person |
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| | has broken the Groceries Code or contravened this Act. |
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| | (3) | Giving false evidence or information, or making a false allegation, is not a |
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| | protected act if the evidence or information is given, or the allegation is made, in |
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| | (4) | This section applies regardless of whether the person subjected to a detriment is |
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| | an individual or a company. |
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| | (5) | A county court or, in Scotland, the sheriff, has jurisdiction to determine a claim |
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| | relating to an alleged claim of victimisation as defined in this section. |
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| | (6) | Civil proceedings on a claim alleging victimisation may not be brought after the |
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| | (a) | six months starting with the date of the act to which the claim relates; or |
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| | (b) | such other period as the county court or sheriff thinks just and equitable. |
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| | (7) | On proceedings under this section the county court and the sheriff have power to |
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| | grant any remedy which could be granted by the High Court: |
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| | (a) | in proceedings in tort; |
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| | (b) | on a claim for judicial review. |
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| | (8) | An award of damages under this section may include compensation for injured |
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| | feelings (whether or not it includes compensation on any other basis) and for loss |
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| | (9) | Victimisation under this section shall also be a criminal offence. |
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| | (10) | A person guilty of an offence under this section shall be liable on conviction to a |
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| | fine not exceeding £1,000,000 or such other amount as the Secretary of State shall |
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| | determine by order in statutory instrument of which a draft shall be laid before |
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| | and approved by resolution of both Houses of Parliament.’. |
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| Title, line 2, after ‘Code’, insert ‘monitoring it’. |
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| Clause 4, page 2, line 7, after ‘Code’, insert ‘since the Code since came into force.’. |
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| Clause 7, page 2, line 36, at end add— |
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| | ‘(3) | If the Adjudicator determines that a recommendation has not been, or is not being, |
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| | followed, the Adjudicator may issue a requirement notice to the large retailer in |
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| | which the Adjudicator may set out one or more recommendations with which the |
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| | large retailer must comply. Such requirement notice may in the the Adjudicator’s |
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| | discretion contain a time period for compliance and an indication of which other |
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| | form of enforcement the Adjudicator envisages be imposed in the event of |
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| | continued non-compliance.’. |
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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 Amendments to Jo Swinson’s proposed Amendment (No. 6):— |
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| Line 7, leave out ‘or’ and insert ‘and’. |
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| Line 9, leave out ‘must and insert ‘may’. |
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| Line 19, at end add ‘unless the breach started before, and continues after, that |
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| Clause 12, page 4, line 25, at end insert ‘including monitoring compliance with the |
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| Clause 13, page 5, line 3, after ‘Code’, insert ‘or the Groceries Supply Order.’. |
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| Clause 14, page 5, line 12, at end insert— |
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| | ‘(a) | the Adjudicator’s assessment of large retailers’ compliance with the |
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| Clause 5, page 2, line 21, at end insert— |
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| | ‘(d) | any finding that an investigation should be referred to the Office of Fair |
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| | Trading on the basis that a large retailer is believed to have engaged in |
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| | anti-competitive practices.’. |
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| Clause 8, page 3, line 9, at end insert— |
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| | ‘(d) | where it is to be published.’. |
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| Clause 9, page 3, line 17, leave out from ‘penalties’ to end of subsection (1). |
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| Clause 9, page 3, line 26, leave out from subsection (c) and insert— |
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| | ‘(c) | that it shall be paid within 28 days.’. |
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| Clause 10, page 4, line 10, at end insert— |
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| | ‘(6) | Costs do not form part of financial penalties as described in section 9.’. |
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| Clause 12, page 4, line 2, at end insert— |
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| | ‘(d) | the criteria that the Adjudicator intends to adopt in deciding whether to |
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| | impose financial penalties under section 9 together with maximium |
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| | penalty that may be imposed and how the maximum penalty is to be |
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| Clause 12, page 4, line 31, leave out from beginning to ‘penalties’ in line 32. |
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| Clause 12, page 4, line 37, at end insert ‘including appropriate Ministers from the |
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| Devolved Administrations.’. |
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| Clause 12, page 4, line 39, leave out ‘6’ and insert ‘3’. |
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| | Extension of groceries code |
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| To move the following Clause:— |
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| | ‘(1) | In advance of each annual report prepared under section 14, the Adjudicator shall |
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| | consider any information received in the preceding year concerning supply |
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| | relations between suppliers and third parties (intermediaries) who on onward |
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| | suppliers to large retailers; |
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| | (2) | If under subsection (1), the Adjudicator has information of incidents that, were |
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| | they to have occurred between a supplier and a large retailer, would have |
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| | constituted a breach of the Groceries Code, the Adjudicator shall consider and |
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| | make recommendations on whether the pattern of such incidents merits an |
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| | extension of the Groceries Code to such intermediaries and therefore a |
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| | redefinition of “direct supplier” in the Groceries Code; |
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| | (3) | In advance of every third annual report prepared under section 14, the |
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| | Adjudicator shall consider any information received in the preceding three-year |
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| | period concerning supply relations between suppliers and third party onward |
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| | suppliers not covered by subsection (2); |
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| | (4) | If under subsection (3) the Adjudicator has information of incidents that, were |
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| | they to have occurred between a supplier and a large retailer, would have |
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| | constituted a breach of the Groceries Code, the Adjudicator shall consider and |
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| | make recommendations on whether the pattern of such incidents merits an |
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| | extension of the Groceries Code to such intermediaries.’. |
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| Clause 13, page 5, line 3, at end insert— |
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| | ‘(2) | The Office of Fair Trading shall be required to respond to the Adjudicator and |
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| | Secretary of State on the recommendations as set out in subsection (1) explaining |
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| | whether they will be acted upon or not.’. |
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| Clause 14, page 5, line 12, at end insert— |
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| | ‘(d) | the resources available to the Adjudicator. |
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| | (e) | recommendations made to the Office of Fair Trading as set out in section |
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| Clause 14, page 5, line 19, at end insert— |
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| | ‘(c) | the Business, Innovation and Skills Select Committee; |
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| | (d) | the Environment, Food and Rural Affairs Select Committee; |
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| | (e) | their respective successor committees from time to time; and |
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| | (f) | the Devolved Administrations’. |
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