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.’.

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.’.


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’.


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

4

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

‘(0) 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—

(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.’.


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
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.

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

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

2

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

Miss Anne McIntosh

Barry Gardiner

Mrs Mary Glindon

Sheryll Murray

Neil Parish

Ms Margaret Ritchie

5

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

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



Miss Anne McIntosh

Barry Gardiner

Mrs Mary Glindon

Sheryll Murray

Neil Parish

Ms Margaret Ritchie

6

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

‘(00) 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’.

Philip Davies

Mr David Nuttall

20

Page 9, line 18 [Clause 20], leave out ‘grants or’.




Secretary Vince Cable

9

Page 10, line 35 [Clause 23], after ‘section’, insert ‘15(10A) or’.




Mr Christopher Chope

Mr David Nuttall

27

Page 11 [Clause 25], leave out lines 7 to 12 and insert ‘This Act shall come into force
two months after Royal Assent.’.





Philip Davies

Mr David Nuttall

21

Page 12, line 16 [Schedule 1], leave out ‘or two’.


Philip Davies

Mr David Nuttall

22

Page 12, line 17 [Schedule 1], leave out sub-paragraph (c).


Philip Davies

Mr David Nuttall

23

Page 12, line 21 [Schedule 1], at end add ‘, or has lost confidence in their ability to
do so.’.


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
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.