Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 13 December 2012                  

56

 

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).

 


 

NEW CLAUSES

 

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

 

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


 
 

Public Bill Committee: 13 December 2012                  

57

 

Groceries Code Adjudicator Bill-[Lords], continued

 
 

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.

 

(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.’.

 



 
 

Public Bill Committee: 13 December 2012                  

58

 

Groceries Code Adjudicator Bill-[Lords], continued

 
 

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”.

 

 

Order of the Committee [11 December 2012]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 11

 

December) meet—

 

(a)  

at 2.00 pm on Tuesday 11 December;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 13 December;

 

(c)  

at 8.55 am and 2.00 pm on Tuesday 18 December;


 
 

Public Bill Committee: 13 December 2012                  

59

 

Groceries Code Adjudicator Bill-[Lords], continued

 
 

(2)  

the proceedings shall be taken in the following order: Clause 1; Schedule 1;

 

Clauses 2 to 4; Schedule 2; Clauses 5 to 9; Schedule 3; Clauses 10 to 26; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 6.00 pm on Tuesday 18 December.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 12 December 2012:

 

 

NC1.

 


 
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Revised 13 December 2012