House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

789

House of Commons

Tuesday 26 February 2013

Consideration of Bill

Groceries Code Adjudicator Bill [Lords], As Amended

NEW CLAUSES

Exception for suppliers with high turnover

Philip Davies

Mr David Nuttall

NC1

To move the following Clause:—

‘Suppliers are not allowed to refer cases to the Adjudicator and cannot have cases

referred on their behalf if their turnover exceeds £500 million per annum.’.

Supplier turnover

Philip Davies

Mr David Nuttall

NC2

To move the following Clause:—

‘Suppliers are not allowed to refer cases to the Adjudicator and cannot have cases

referred on their behalf if their turnover exceeds £1bn per annum.’.

Consideration of Bill: 26 February 2013
790

Groceries Code Adjudicator Bill-[ [], continued

Sunsetting

Philip Davies

Mr David Nuttall

NC3

To move the following Clause:—

‘This Bill will expire in seven years from the date it receives Royal Assent.’.

Supplier headquarters

Mr Christopher Chope

Mr David Nuttall

NC4

To move the following Clause:—

‘Suppliers are not allowed to refer cases to the Adjudicator and cannot have cases

referred on their behalf if they have their principal headquarters outside the

European Union.’.

Supply source

Mr Christopher Chope

Mr David Nuttall

NC5

To move the following Clause:—

‘The provisions of this Act shall not apply to any supplies which are produced,

manufactured or processed, in whole or in part, outside the European Union.’.

Philip Davies

Mr David Nuttall

10

Page  2,  line  13  [Clause  4],  at end add—

‘(4)
The Adjudicator must ensure that investigations are conducted in a timely

manner.’.

Consideration of Bill: 26 February 2013
791

Groceries Code Adjudicator Bill-[ [], continued

Philip Davies

Mr David Nuttall

24

Page  3,  line  15  [Clause  8],  at end add—

‘(4)
The large retailer may appeal against the requirement to publish information—

(a)
to the High Court, in England and Wales or Northern Ireland; or

(b)
to the Court of Session, in Scotland.’.

Philip Davies

Mr David Nuttall

11

Page  3,  line  35  [Clause  9],  after ‘maximum’, insert ‘not exceeding £250,000’.

Philip Davies

Mr David Nuttall

12

Page  3,  line  37  [Clause  9],  leave out subsection (7).

Philip Davies

Mr David Nuttall

13

Page  3,  line  41  [Clause  9],  leave out subsection (8).

Philip Davies

Mr David Nuttall

14

Page  4,  line  1  [Clause  9],  leave out paragraph (a).

Philip Davies

Mr David Nuttall

15

Page  4,  line  10  [Clause  10],  leave out ‘may’ and insert ‘must’.

Philip Davies

Mr David Nuttall

16

Page  4,  line  12  [Clause  10],  after ‘Code’, insert ‘and it must be a minimum of 20

per cent of the full cost’.

Philip Davies

Mr David Nuttall

17

Page  4,  line  13  [Clause  10],  leave out ‘may’ and insert ‘must’.

Philip Davies

Mr David Nuttall

18

Page  4,  line  16  [Clause  10],  after ‘merit’, insert ‘and it must be a minimum of 20

per cent of the full cost’.

Consideration of Bill: 26 February 2013
792

Groceries Code Adjudicator Bill-[ [], continued

Ian Murray

Huw Irranca-Davies

28

Page  4,  line  32  [Clause  12],  at end insert—

‘(a)
the nature and type of arbitrations to be conducted under section 3

including:

(i)
the law applicable to an arbitration; and

(ii)
where the arbitration should be conducted.’.

Miss Anne McIntosh

Barry Gardiner

Mrs Mary Glindon

Sheryll Murray

Neil Parish

Ms Margaret Ritchie

Total signatories: 7

4

Page  4,  line  40  [Clause  12],  at end insert—

‘( )
The guidance must make clear that the Adjudicator may decide to carry out an

investigation based on—

(a)
information in the public domain;

(b)
information provided by a supplier;

(c)
information provided by a person who obtained the information at a time

when the person was a worker employed by the supplier in question or a

company in the same group;

(d)
information provided by a large retailer;

(e)
information provided by a person who obtained the information at a time

when the person was a worker employed by the retailer in question or a

company in the same group;

(f)
information provided by a relevant trade body;

(g)
his own initiative.’.

John McDonnell

Ian Murray

Huw Irranca-Davies

3

Page  5,  line  18  [Clause  13],  at end insert—

‘(2)
The Office of Fair Trading shall be required to publish a response to the

Adjudicator on the recommendations set out in subsection (1) explaining whether

they will be acted upon or not.’.

Ian Murray

Huw Irranca-Davies

30

Page  5,  line  18  [Clause  13],  at end add—

‘(3)
In assessing changes that could be made to the Code, the Adjudicator shall give

due consideration to—

Consideration of Bill: 26 February 2013
793

Groceries Code Adjudicator Bill-[ [], continued

(a)
the territorial extent of the Code, especially in relation to activities of

large retailers outwith the UK, including work done by subsidiaries of

large retailers;

(b)
whether intermediaries in the supply chain should be covered; and

(c)
whether commercial pressures or criminal activity pose risks to

consumer interests by potentially compromising standards of food safety,

hygiene and food authenticity.’.

Ian Murray

Huw Irranca-Davies

33

Page  5,  line  18  [Clause  13],  at end add—

‘(3)
In assessing changes that could be made to the Code, the Adjudicator shall give

due consideration to—

(a)
the territorial extent of the Code, especially in relation to activities of

large retailers outwith the UK, including work done by subsidiaries of

large retailers;

(b)
whether intermediaries in the supply chain should be covered.’.

Philip Davies

Mr David Nuttall

25

Page  5,  line  27  [Clause  14],  at end add—

‘(d)
all costs incurred by the Adjudicator.’.

John McDonnell

Ian Murray

Huw Irranca-Davies

1

Page  5,  line  29  [Clause  14],  after ‘followed’, insert ‘and whether any further

enforcement measures are to be taken in order to secure compliance with the code’.

Ian Murray

Huw Irranca-Davies

34

Page  5,  line  31  [Clause  14],  at end insert—

‘(4A)
The report must include details of any incidents that have come to the

Adjudicator’s attention during the reporting period in which breaches of the

Groceries Code or commercial pressure on retailers have led or may have led to

actual or potential cases of compromised—

(a)
food safety;

(b)
food hygiene; and

(c)
food authenticity.’.

Ian Murray

Huw Irranca-Davies

35

Page  5,  line  34  [Clause  14],  at end add—

‘(c)
the Food Standards Agency.’.

Consideration of Bill: 26 February 2013
794

Groceries Code Adjudicator Bill-[ [], continued

Secretary Vince Cable

7

Page  6,  line  13  [Clause  15],  leave out subsection (5) and insert—

‘(5)
The review must also consider whether it would be desirable—

(a)
for an order to be made under subsection (10A) (if no order under that

subsection is in force), or

(b)
for any order under that subsection to be revoked.’.

Secretary Vince Cable

8

Page  6  [Clause  15],  leave out lines 34 to 36 and insert—

‘(10A)
The Secretary of State may by order provide that this Act has effect as if the

section set out in subsection (11) below were inserted after section 4.

(10B)
An order under subsection (10A)—

(a)
may be made only if, as a result of the findings of a review, the Secretary
5
of State thinks that making the order would enable the Adjudicator to be

more effective;

(b)
may be revoked only if, as a result of the findings of a review, the

Secretary of State thinks that revoking the order would not impair the

Adjudicator’s effectiveness.
10
(11)
This is the section referred to in subsection (10A)—’.

As Amendments to Secretary Vince Cables’ proposed Amendment (No. 8):—

Mr Christopher Chope

Mr David Nuttall

(a)

Line  6,  after ‘more’, insert ‘efficient and’.

Mr Christopher Chope

Mr David Nuttall

(b)

Line  9,  after ‘Adjudicator’s’, insert ‘efficiency and’.

John McDonnell

Miss Anne McIntosh

Barry Gardiner

Mrs Mary Glindon

Sheryll Murray

Neil Parish

Total signatories: 10

2

Page  6,  line  34  [Clause  15],  leave out subsection (11).

Consideration of Bill: 26 February 2013
795

Groceries Code Adjudicator Bill-[ [], continued

Miss Anne McIntosh

Barry Gardiner

Mrs Mary Glindon

Sheryll Murray

Neil Parish

Ms Margaret Ritchie

Total signatories: 7

5

Page  6,  line  41  [Clause  15],  at end insert—

‘( )
information provided by a relevant trade body;’.

Miss Anne McIntosh

Barry Gardiner

Mrs Mary Glindon

Sheryll Murray

Neil Parish

Ms Margaret Ritchie

Total signatories: 7

6

Page  7,  line  40  [Clause  16],  at end add—

‘( )
If an order is made under this section the Secretary of State shall—

(a)
publish the review of the Adjudicator’s performance;

(b)
publish an explanation of the reasons for making the order;

(c)
publish an explanation of the mechanisms under which the interests of

suppliers will be protected once the Adjudicator is abolished;’.

Philip Davies

Mr David Nuttall

26

Page  8,  line  33  [Clause  19],  at end add—

‘(3A)
For the purpose of the first levy and any subsequent annual increase in the levy

of greater then 10 per cent on the previous year, the Adjudicator must undertake

a consultation process with the large retailers and consider any submissions

received as the Adjudicator considers appropriate.’.

Philip Davies

Mr David Nuttall

19

Page  9,  line  17  [Clause  20],  leave out ‘grants or’.



© Parliamentary copyright	Revised 26 February 2013