House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

61

House of Commons

Tuesday 18 December 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Groceries Code Adjudicator Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order of the

Committee [11 December 2012].

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’.

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

Public Bill Committee: 18 December 2012
62

Groceries Code Adjudicator Bill-[Lords], continued

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.’.

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’.

Public Bill Committee: 18 December 2012
63

Groceries Code Adjudicator Bill-[Lords], continued

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

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.

Public Bill Committee: 18 December 2012
64

Groceries Code Adjudicator Bill-[Lords], continued

(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.’.

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

Public Bill Committee: 18 December 2012
65

Groceries Code Adjudicator Bill-[Lords], continued

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;

(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.



© Parliamentary copyright	Revised 18 December 2012