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 ]

‘(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.’.

‘(00) 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.’.

‘(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’.

‘( 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.’.

‘( 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.’.