House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 7 December 2012
26

Groceries Code Adjudicator Bill-[Lords], continued

Ian Murray

Huw Irranca-Davies

25


Clause  15,  page  5,  line  28,  at end add—

‘( )
The Independent Review Panel shall be chaired by a judge of the High Court or

the Court of Session and comprise—

(a)
a representative of the retail sector;

(b)
a representative of the supply sector; and

(c)
a consumer representative.’.

Ian Murray

Huw Irranca-Davies

57


Clause  15,  page  5,  line  37,  after ‘under’, insert ‘section 9 or’.

Ian Murray

Huw Irranca-Davies

58


Clause  15,  page  5,  line  38,  leave out ‘that’ and insert ‘the relevant’.

Jo Swinson

11

Clause  15,  page  5,  line  38 ,  at end insert—

‘( )
A review may consider whether it would be desirable to amend or replace the

order for the time being in force under section 9(7).’.

Ian Murray

Huw Irranca-Davies

54


Clause  15,  page  6,  line  14,  at end insert—

‘(h)
the relevant Ministers of the Devolved Administrations.’.

Ian Murray

Huw Irranca-Davies

55


Clause  15,  page  6,  line  18,  leave out subsection (10).

Ian Murray

Huw Irranca-Davies

26


Clause  18,  page  7,  line  30,  after ‘Adjudicator’, insert ‘or the Deputy Adjudicator or

any person acting on the Adjudicator’s behalf’.

Ian Murray

Huw Irranca-Davies

27


Clause  18,  page  7,  line  30,  leave out ‘may’ and insert ‘must’.

Notices of Amendments: 7 December 2012
27

Groceries Code Adjudicator Bill-[Lords], continued

Ian Murray

Huw Irranca-Davies

28


Clause  18,  page  7,  line  36,  after ‘Adjudicator’, insert ‘or the Deputy Adjudicator or

any person acting on the Adjudicator’s behalf’.

Ian Murray

Huw Irranca-Davies

29


Clause  18,  page  7,  line  36,  leave out ‘may’ and insert ‘must’.

Ian Murray

Huw Irranca-Davies

59


Clause  18,  page  7,  line  37,  leave out from ‘Adjudicator’ to end and insert ‘should

reasonably believe could cause the identity of the complainant to be revealed’.

Ian Murray

Huw Irranca-Davies

30


Clause  18,  page  7,  line  42,  after ‘Adjudicator’, insert ‘or the Deputy Adjudicator or

any person acting on the Adjudicator’s behalf’.

Andrew George

17

Clause  18,  page  7,  line  43,  leave out paragraphs (b) and (c).

Andrew George

18

Clause  18,  page  8,  line  2,  at end insert—

‘(3A)
Notwithstanding subsection (3), the Adjudicator shall, before permitting any

disclosure of the identity of any complainant or provider of information to the

Adjudicator, take all practical steps to protect the identity of that person by

redacting, anonymising and where appropriate otherwise limiting the disclosure

of identifying information to any third party and further by obtaining binding

undertakings of non-disclosure from any person to whom identifying information

is disclosed.’.

Ian Murray

Huw Irranca-Davies

31


Clause  18,  page  8,  line  9,  at end add—

‘( )
Any person who, in contravention of this section knowingly discloses any

information obtained when employed by, or acting on behalf of, the Adjudicator

is guilty of an offence and liable on summary conviction to a fine.’.

Notices of Amendments: 7 December 2012
28

Groceries Code Adjudicator Bill-[Lords], continued

Ian Murray

Huw Irranca-Davies

60


Clause  19,  page  8,  line  23,  at end insert—

‘(5A)
Notwithstanding section 25, the Adjudicator must publish the criteria as set out

in subsection (5) within three months of this Act coming into force’.

Jo Swinson

12

Clause  23,  page  10 ,  line  21,  leave out ‘9(1) or’.

Jo Swinson

13

Clause  26,  page  11,  line  3,  leave out subsection (2).

Mr Adrian Bailey

Mr Robin Walker

1

Schedule  1,  page  12,  line  8,  at end insert ‘following a pre-appointment hearing by

the Business, Innovation and Skills Committee of the House of Commons.’.

Ian Murray

Huw Irranca-Davies

62


Schedule  1,  page  12,  line  8,  at end insert—

    ‘(4)
The Adjudicator’s appointment will also be subject to approval by—

(a)
the Business, Innovation and Skills Select Committee; and

(b)
the Environment, Food and Rural Affairs Select Committee; or

(c)
their respective successor committees from time to time.’.

Ian Murray

Huw Irranca-Davies

32


Schedule  1,  page  13,  line  1,  leave out from ‘with’ to end of line 2 and insert ‘for the

appointment of staff’.

Ian Murray

Huw Irranca-Davies

33


Schedule  1,  page  13,  line  16,  leave out ‘Secretary of State’ and insert

‘Adjudicator’.

Notices of Amendments: 7 December 2012
29

Groceries Code Adjudicator Bill-[Lords], continued

Ian Murray

Huw Irranca-Davies

34


Schedule  1,  page  13,  line  17,  leave out ‘if asked to do so by the Adjudicator’.

Ian Murray

Huw Irranca-Davies

63


Page  15,  line  36,  leave out Schedule 3.

Ian Murray

Huw Irranca-Davies

64


Schedule  3,  page  15,  line  39,  leave out ‘if’ and insert—

    ‘(1)
If the Secretary of State thinks that the Adjudicator’s other powers are

inadequate; and

      (2)
has given due regard to the relevant Ministers in the Devolved

Administrations.’.

Ian Murray

Huw Irranca-Davies

65


Schedule  3,  page  16,  line  14,  at end insert—

‘(h)
consult with the relevant Minister in the Devolved Administrations.’.

Jo Swinson

14

Page  15,  line  36,  leave out Schedule 3.

NEW CLAUSES

Victimisation

Andrew George

NC1


To move the following Clause:—

‘(1)
A large retailer (A) which is alleged to have broken the Groceries Code victimises

another person (B) if A subjects B to a detriment because:

(a)
B does a protected act; or

(b)
A believes that B has done, may have done, or may do, a protected act.

(2)
Each of the following is a protected act:

Notices of Amendments: 7 December 2012
30

Groceries Code Adjudicator Bill-[Lords], continued

(a)
giving evidence of information in connection with proceedings under this

Act;

(b)
doing any other thing for the purposes of or in connection with this Act;

(c)
making an allegation (whether or not express) that A or another person

has broken the Groceries Code or contravened this Act.

(3)
Giving false evidence or information, or making a false allegation, is not a

protected act if the evidence or information is given, or the allegation is made, in

bad faith.

(4)
This section applies regardless of whether the person subjected to a detriment is

an individual or a company.

(5)
A county court or, in Scotland, the sheriff, has jurisdiction to determine a claim

relating to an alleged claim of victimisation as defined in this section.

(6)
Civil proceedings on a claim alleging victimisation may not be brought after the

end of:

(a)
six months starting with the date of the act to which the claim relates; or

(b)
such other period as the county court or sheriff thinks just and equitable.

(7)
On proceedings under this section the county court and the sheriff have power to

grant any remedy which could be granted by the High Court:

(a)
in proceedings in tort;

(b)
on a claim for judicial review.

(8)
An award of damages under this section may include compensation for injured

feelings (whether or not it includes compensation on any other basis) and for loss

of revenue.

(9)
Victimisation under this section shall also be a criminal offence.

(10)
A person guilty of an offence under this section shall be liable on conviction to a

fine not exceeding £1,000,000 or such other amount as the Secretary of State shall

determine by order in statutory instrument of which a draft shall be laid before

and approved by resolution of both Houses of Parliament.’.

Extension of groceries code

Ian Murray

Huw Irranca-Davies

NC2


To move the following Clause:—

‘(1)
In advance of each annual report prepared under section 14, the Adjudicator shall

consider any information received in the preceding year concerning supply

relations between suppliers and third parties (intermediaries) who on onward

suppliers to large retailers;

(2)
If under subsection (1), the Adjudicator has information of incidents that, were

they to have occurred between a supplier and a large retailer, would have

constituted a breach of the Groceries Code, the Adjudicator shall consider and

make recommendations on whether the pattern of such incidents merits an

extension of the Groceries Code to such intermediaries and therefore a

redefinition of “direct supplier” in the Groceries Code;

(3)
In advance of every third annual report prepared under section 14, the

Adjudicator shall consider any information received in the preceding three-year

Notices of Amendments: 7 December 2012
31

Groceries Code Adjudicator Bill-[Lords], continued

period concerning supply relations between suppliers and third party onward

suppliers not covered by subsection (2);

(4)
If under subsection (3) the Adjudicator has information of incidents that, were

they to have occurred between a supplier and a large retailer, would have

constituted a breach of the Groceries Code, the Adjudicator shall consider and

make recommendations on whether the pattern of such incidents merits an

extension of the Groceries Code to such intermediaries.’.

Sunsetting provisions and replacement of current code on statutory footing

Ian Murray

Huw Irranca-Davies

NC3


To move the following Clause:—

‘(1)
Within three years of this Act coming into force, the Competition Commission

shall conduct a review of the effectiveness of the Act’s provisions with regard to

levels of compliance with the Groceries Code.

(2)
If the review finds that the levels of compliance are unsatisfactory, the Secretary

of State shall prepare and lay before Parliament regulations containing analogous

provisions to those in the Groceries Code, thereby giving statutory effect to the

Code.

(3)
“Levels of compliance” as referred to in section (1) shall be deemed

unsatisfactory if (without limitation) they have not improved since the bringing

into force of the Act.

(4)
The Groceries Supply Code of Practice shall thereby be revoked.

(5)
Where the Secretary of State proposes to issue or revise a code of practice under

subsection (2), he shall prepare a draft of the code (or revised code).

(6)
The Secretary of State shall consult the following about the draft—

(a)
The Competition Commission;

(b)
The Office of Fair Trading;

(c)
The retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply

Order;

(d)
one or more persons appearing to the Secretary of State to represent the

interests of suppliers;

(e)
one or more persons appearing to the Secretary of State to represent the

interests of consumers; and

(f)
any other person the Secretary of State thinks appropriate.

(7)
If the Secretary of State determines to proceed with the draft (either in its original

form or with modifications) he shall lay the draft before Parliament in the form

of regulations.

(8)
Such regulations shall be made by Statutory Instrument and may only be made if

a draft of them has been laid before and approved by resolution of both Houses

of Parliament.

Notices of Amendments: 7 December 2012
32

Groceries Code Adjudicator Bill-[Lords], continued

(9)
A code (or revised code) issued under subsection (6) shall come into force on such

date as the Secretary of State may by order made by statutory instrument

appoint.’.

Andrew George

Huw Irranca-Davies

Ian Murray

36


Title,  line  2,  after ‘Code’, insert ‘monitoring it’.

Order of the House [19 NOVEMBER 2012]

That the following provisions shall apply to the Groceries Code Adjudicator Bill

[Lords]:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 6 December 2012.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

Groceries Code Adjudicator Bill [Lords] (Programme) (No. 2)

That the Order of 19 November 2012 (Groceries Code Adjudicator Bill [Lords]

(Programme)) be varied as follows:

In paragraph 2 (conclusion of proceedings in Public Bill Committee), for “Thursday 6

December”, substitute “Tuesday 18 December”.



© Parliamentary copyright	Revised 10 December 2012