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| Groceries Code Adjudicator Bill [Lords]
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| [FIRST AND SECOND Sittings]
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| Schedule 1, page 12, line 8, at end insert ‘following a pre-appointment hearing by |
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| the Business, Innovation and Skills Committee of the House of Commons.’. |
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| Schedule 1, page 12, line 8, at end insert— |
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| | ‘(4) | The Adjudicator’s appointment will also be subject to approval by— |
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| | (a) | the Business, Innovation and Skills Select Committee; and |
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| | (b) | the Environment, Food and Rural Affairs Select Committee; or |
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| | (c) | their respective successor committees from time to time.’. |
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| Schedule 1, page 13, line 1, leave out from ‘with’ to end of line 2 and insert ‘for the |
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| Schedule 1, page 13, line 16, leave out ‘Secretary of State’ and insert |
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| Schedule 1, page 13, line 17, leave out ‘if asked to do so by the Adjudicator’. |
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| Clause 2, page 1, line 11, at end add— |
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| | ‘(3) | Where the adjudicator is appointing an arbitrator the following must be taken into |
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| | (a) | the location of the arbitration considering the convenience of the |
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| | (b) | the qualifications of the arbitrator; |
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| | (c) | the experience of the arbitrator; and |
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| | (d) | the awareness which the arbitrator has of |
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| | (i) | the laws applying in— |
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| | (c) | Northern Ireland; and |
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| | (ii) | the market and economic conditions applying in— |
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| Clause 4, page 2, line 5, leave out subsection (1) and insert— |
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| | ‘(1) | The Adjudicator may carry out an investigation where there are reasonable |
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| | grounds to suspect that a large retailer has— |
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| | (a) | broken the Groceries Code; or |
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| | (b) | failed to follow a recommendation made under section 7; or |
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| | (c) | failed to incorporate the Groceries Code into a supply agreement, as |
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| | required under Article 5 of the Groceries Supply Order.’. |
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| Clause 4, page 2, line 7, after ‘Code’, insert ‘since the Code since came into force.’. |
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| Clause 4, page 2, line 10, at end insert— |
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| | ‘(2A) | The powers to require provision of information as set out in Schedule 2 shall be |
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| | exercisable from the day on which this Act is passed.’. |
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| Clause 4, page 2, line 12, at end add— |
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| | ‘(4) | The Adjudicator will have authority to review compliance and to undertake one |
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| | or more investigations if the Adjudicator suspects that there has been any breach |
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| | of the Groceries Code since that Code came into force on 4 February 2010.’. |
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| Clause 5, page 2, line 21, at end insert— |
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| | ‘(d) | any finding that an investigation should be referred to the Office of Fair |
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| | Trading on the basis that a large retailer is believed to have engaged in |
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| | anti-competitive practices.’. |
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| Clause 6, page 2, line 26, leave out from ‘that’ to end of line 28 and insert ‘any of |
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| the grounds for launching an investigation under section 4(1) has in fact occurred, the |
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| Adjudicator may take one or more of the following enforcement measures—’. |
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| Clause 7, page 2, line 33, leave out subsection (1) and insert— |
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| | ‘(1) | If the Adjudicator chooses to enforce through making recommendations, that |
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| | (a) | in the case that a retailer has been found to have broken the Groceries |
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| | Code, or has failed to follow a previous recommendation made under this |
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| | section, recommending what the large retailer should do in order to |
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| | comply with the Groceries Code; and |
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| | (b) | in the case that a retailer has been found to have failed to incorporate the |
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| | Groceries Code into a Supply Agreement, as required under Article 5 of |
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| | the Groceries Supply Order, recommending what the large retailer should |
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| | do in order to comply with Article 5 of the Groceries Supply Order.’. |
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| Clause 7, page 2, line 36, at end insert— |
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| | ‘(2A) | If the Adjudicator determines that a recommendation has not been, or is not being, |
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| | followed, the Adjudicator may issue a requirement notice to the large retailer in |
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| | which the Adjudicator may set out one or more recommendations with which the |
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| | large retailer must comply. Such requirement notice may in the Adjudicator’s |
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| | discretion contain a time period for compliance and an indication of which other |
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| | form of enforcement the Adjudicator envisages might be imposed in the event of |
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| | continued non-compliance.’. |
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| Clause 8, page 3, line 9, at end insert— |
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| | ‘(d) | where it is to be published.’. |
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| [Adjourned until Thursday at 11.30 am |
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