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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 15, page 5, line 37, after ‘under’, insert ‘section 9 or’. |
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| Clause 15, page 5, line 38, leave out ‘that’ and insert ‘the relevant’. |
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| Clause 15, page 5, line 38 , at end insert— |
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| | ‘( ) | A review may consider whether it would be desirable to amend or replace the |
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| | order for the time being in force under section 9(7).’. |
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| Clause 15, page 6, line 14, at end insert— |
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| | ‘(h) | the relevant Ministers of the Devolved Administrations.’. |
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| Clause 15, page 6, line 18, leave out subsection (10). |
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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 37, leave out from ‘Adjudicator’ to end and insert ‘should |
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| reasonably believe could cause the identity of the complainant to be revealed’. |
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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 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 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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| Clause 19, page 8, line 23, at end insert— |
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| | ‘(5A) | Notwithstanding section 25, the Adjudicator must publish the criteria as set out |
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| | in subsection (5) within three months of this Act coming into force’. |
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| Clause 23, page 10 , line 21, leave out ‘9(1) or’. |
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| Clause 26, page 11, line 3, leave out subsection (2). |
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| Schedule 1, page 12, line 8, at end insert ‘following a pre-appointment hearing by |
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| the Business, Innovation and Skills Committee of the House of Commons.’. |
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| Schedule 1, page 12, line 8, at end insert— |
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| | ‘(4) | The Adjudicator’s appointment will also be subject to approval by— |
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| | (a) | the Business, Innovation and Skills Select Committee; and |
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| | (b) | the Environment, Food and Rural Affairs Select Committee; or |
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| | (c) | their respective successor committees from time to time.’. |
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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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| Page 15, line 36, leave out Schedule 3. |
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| Schedule 3, page 15, line 39, leave out ‘if’ and insert— |
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| | ‘(1) | If the Secretary of State thinks that the Adjudicator’s other powers are |
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| | (2) | has given due regard to the relevant Ministers in the Devolved |
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| Schedule 3, page 16, line 14, at end insert— |
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| | ‘(h) | consult with the relevant Minister in the Devolved Administrations.’. |
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| Page 15, line 36, leave out Schedule 3. |
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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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| | 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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| | Sunsetting provisions and replacement of current code on statutory footing |
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| To move the following Clause:— |
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| | ‘(1) | Within three years of this Act coming into force, the Competition Commission |
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| | shall conduct a review of the effectiveness of the Act’s provisions with regard to |
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| | levels of compliance with the Groceries Code. |
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| | (2) | If the review finds that the levels of compliance are unsatisfactory, the Secretary |
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| | of State shall prepare and lay before Parliament regulations containing analogous |
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| | provisions to those in the Groceries Code, thereby giving statutory effect to the |
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| | (3) | “Levels of compliance” as referred to in section (1) shall be deemed |
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| | unsatisfactory if (without limitation) they have not improved since the bringing |
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| | (4) | The Groceries Supply Code of Practice shall thereby be revoked. |
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| | (5) | Where the Secretary of State proposes to issue or revise a code of practice under |
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| | subsection (2), he shall prepare a draft of the code (or revised code). |
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| | (6) | The Secretary of State shall consult the following about the draft— |
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| | (a) | The Competition Commission; |
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| | (b) | The Office of Fair Trading; |
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| | (c) | The retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply |
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| | (d) | one or more persons appearing to the Secretary of State to represent the |
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| | (e) | one or more persons appearing to the Secretary of State to represent the |
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| | interests of consumers; and |
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| | (f) | any other person the Secretary of State thinks appropriate. |
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| | (7) | If the Secretary of State determines to proceed with the draft (either in its original |
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| | form or with modifications) he shall lay the draft before Parliament in the form |
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| | (8) | Such regulations shall be made by Statutory Instrument and may only be made if |
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| | a draft of them has been laid before and approved by resolution of both Houses |
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| | (9) | A code (or revised code) issued under subsection (6) shall come into force on such |
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| | date as the Secretary of State may by order made by statutory instrument |
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| Title, line 2, after ‘Code’, insert ‘monitoring it’. |
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| | Order of the House [19 NOVEMBER 2012] |
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| | That the following provisions shall apply to the Groceries Code Adjudicator Bill |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Thursday 6 December 2012. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on Consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of any message from the Lords) may be programmed. |
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| | Groceries Code Adjudicator Bill [Lords] (Programme) (No. 2) |
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| | That the Order of 19 November 2012 (Groceries Code Adjudicator Bill [Lords] |
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| | (Programme)) be varied as follows: |
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| | In paragraph 2 (conclusion of proceedings in Public Bill Committee), for “Thursday 6 |
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| | December”, substitute “Tuesday 18 December”. |
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