House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

1

House of Commons

Tuesday 11 December 2012

Public Bill Committee Proceedings

Groceries Code Adjudicator Bill [Lords]

[FIRST AND SECOND Sittings]

Clause 1 Agreed to.

Mr Adrian Bailey

Mr Robin Walker

Ian Murray

Withdrawn  1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

Not called  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

Withdrawn  32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

Not called  33

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

‘Adjudicator’.

Public Bill Committee Proceedings: 11 December 2012
2

Groceries Code Adjudicator Bill-[Lords], continued

Ian Murray

Huw Irranca-Davies

Not called  34

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

Schedule Agreed to.

Ian Murray

Huw Irranca-Davies

Withdrawn  22

Clause  2,  page  1,  line  11,  at end add—

‘(3)
Where the adjudicator is appointing an arbitrator the following must be taken into

account—

(a)
the location of the arbitration considering the convenience of the

supplier;

(b)
the qualifications of the arbitrator;

(c)
the experience of the arbitrator; and

(d)
the awareness which the arbitrator has of

(i)
the laws applying in—

(a)
England and Wales;

(b)
Scotland; and

(c)
Northern Ireland; and

(ii)
the market and economic conditions applying in—

(a)
England and Wales;

(b)
Scotland; and

(c)
Northern Ireland.’.

Clause Agreed to.

Clause 3 Agreed to.

Andrew George

Withdrawn  19

Clause  4,  page  2,  line  5,  leave out subsection (1) and insert—

‘(1)
The Adjudicator may carry out an investigation where there are reasonable

grounds to suspect that a large retailer has—

(a)
broken the Groceries Code; or

(b)
failed to follow a recommendation made under section 7; or

(c)
failed to incorporate the Groceries Code into a supply agreement, as

required under Article 5 of the Groceries Supply Order.’.

Andrew George

Withdrawn  37

Clause  4,  page  2,  line  7,  after ‘Code’, insert ‘since the Code since came into force.’.

Public Bill Committee Proceedings: 11 December 2012
3

Groceries Code Adjudicator Bill-[Lords], continued

Ian Murray

Huw Irranca-Davies

Withdrawn  61

Clause  4,  page  2,  line  10,  at end insert—

‘(2A)
The powers to require provision of information as set out in Schedule 2 shall be

exercisable from the day on which this Act is passed.’.

Andrew George

Not called  15

Clause  4,  page  2,  line  12,  at end add—

‘(4)
The Adjudicator will have authority to review compliance and to undertake one

or more investigations if the Adjudicator suspects that there has been any breach

of the Groceries Code since that Code came into force on 4 February 2010.’.

Clause Agreed to.

Schedule 2 Agreed to.

Ian Murray

Huw Irranca-Davies

Withdrawn  42

Clause  5,  page  2,  line  21,  at end insert—

‘(d)
any finding that an investigation should be referred to the Office of Fair

Trading on the basis that a large retailer is believed to have engaged in

anti-competitive practices.’.

Clause Agreed to.

Andrew George

Not called  20

Clause  6,  page  2,  line  26,  leave out from ‘that’ to end of line 28 and insert ‘any of

the grounds for launching an investigation under section 4(1) has in fact occurred, the

Adjudicator may take one or more of the following enforcement measures—’.

Clause Agreed to.

Andrew George

Not called  21

Clause  7,  page  2,  line  33,  leave out subsection (1) and insert—

‘(1)
If the Adjudicator chooses to enforce through making recommendations, that

means—

(a)
in the case that a retailer has been found to have broken the Groceries

Code, or has failed to follow a previous recommendation made under this

Public Bill Committee Proceedings: 11 December 2012
4

Groceries Code Adjudicator Bill-[Lords], continued

section, recommending what the large retailer should do in order to

comply with the Groceries Code; and

(b)
in the case that a retailer has been found to have failed to incorporate the

Groceries Code into a Supply Agreement, as required under Article 5 of

the Groceries Supply Order, recommending what the large retailer should

do in order to comply with Article 5 of the Groceries Supply Order.’.

Andrew George

Withdrawn  35

Clause  7,  page  2,  line  36,  at end insert—

‘(2A)
If the Adjudicator determines that a recommendation has not been, or is not being,

followed, the Adjudicator may issue a requirement notice to the large retailer in

which the Adjudicator may set out one or more recommendations with which the

large retailer must comply. Such requirement notice may in the Adjudicator’s

discretion contain a time period for compliance and an indication of which other

form of enforcement the Adjudicator envisages might be imposed in the event of

continued non-compliance.’.

Clause Agreed to.

Ian Murray

Huw Irranca-Davies

Withdrawn  43

Clause  8,  page  3,  line  9,  at end insert—

‘(d)
where it is to be published.’.

Clause Agreed to.

[Adjourned until Thursday at 11.30 am



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