(6) Arbitration (Scotland) Act 2010 (asp 1)2010 (asp 1)

Until the Arbitration (Scotland) Act 2010 is in force in relation to any
arbitrations carried out by the Adjudicator, or a person appointed by the
Adjudicator, that Act applies as if it were in force in relation to those
5arbitrations.

Definitions and final provisions

22 Definitions

In this Act—

• “the Adjudicator” means the Groceries Code Adjudicator;

• 10“direct supplier” means a person who is a supplier within the meaning
  given by Article 2 of the Groceries Supply Order;

• “dispute” has the meaning given by Article 2 of the Groceries Supply
  Order;

• “financial year” means—

  (a)

  15the period beginning with the day on which section 1 comes
  into force and ending with the following 31 March; and

  (b)

  each successive period of 12 months;

• “Groceries Code” means the code of practice set out in Schedule 1 to the
  Groceries Supply Order;

• 20“Groceries Supply Order” means the Groceries (Supply Chain Practices)
  Market Investigation Order 2009, made by the Competition
  Commission under section 161 of the Enterprise Act 2002;

• “indirect supplier” means a person who would be a supplier within the
  meaning given by Article 2 of the Groceries Supply Order but for the
  25reference to direct supply;

• “large retailer” means a designated retailer as defined by Article 2 of the
  Groceries Supply Order or a subsidiary of a designated retailer;

• “supplier” means—

  (a)

  a direct supplier; or

  (b)

  30an indirect supplier;

• “supply agreement” has the meaning given by Article 2 of the Groceries
  Supply Order.

23 Orders

(1) Orders under this Act are to be made by statutory instrument.

(2) 35A statutory instrument containing an order under section 16(1) or (2)(a) or (b)
may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) Any other statutory instrument under this Act, other than one that contains
only an order under section 25, is subject to annulment as an instrument to
40which section 5(1) of the Statutory Instruments Act 1946 applies.

(4) Orders under this Act may include measures that are consequential,
supplementary, incidental, transitional or transitory.

24 Extent

This Act extends to—

(a) England and Wales;

(b) Scotland; and

(c) 5Northern Ireland.

25 Commencement

(1) Sections 1 to 21 and the Schedules come into force on whatever day the
Secretary of State by order appoints.

(2) The other provisions of this Act come into force on the day on which this Act
10is passed.

(3) An order under subsection (1) may make different provision for different
purposes.

26 Short title

This Act may be cited as the Groceries Code Adjudicator Act 2012.

SCHEDULES

Section 1

SCHEDULE 1 The Adjudicator

Status

1 5The Adjudicator is a corporation sole.

2 The Adjudicator carries out functions on behalf of the Crown.

Appointment

3 The Adjudicator is to be appointed by the Secretary of State.

Deputy Adjudicator

4 10The Secretary of State may appoint a Deputy Adjudicator.

5 The Deputy Adjudicator may carry out any of the Adjudicator’s functions.

Term of office etc

6 A person holds and vacates office as the Adjudicator or Deputy Adjudicator
in accordance with the terms of his or her appointment, but—

(a) 15a person’s initial term of office may not be more than four years;

(b) a person may be appointed for one or two further terms of office;

(c) a further term may not be more than three years;

(d) a person may resign by giving written notice to the Secretary of State;
and

(e) 20the Secretary of State may dismiss the person if satisfied that the
person is unable, unwilling or unfit to perform his or her functions.

7 Service as the Adjudicator, or as the Deputy Adjudicator, is not service in the
civil service of the state.

Remuneration

8 (1) 25The Adjudicator may pay to or in respect of the person holding office as the
Adjudicator or the Deputy Adjudicator—

(a) remuneration;

(b) allowances;

(c) sums by way of or in respect of pensions.

(2) 30The Secretary of State must determine rates and eligibility criteria for the
payments.

Staff

9 (1) The Adjudicator may make arrangements with the Secretary of State or any
other public authority for staff to be seconded to the Adjudicator.

(2) The arrangements may include provision for payments by the Adjudicator.

5Conflicts of interest

10 (1) The Adjudicator must make procedural arrangements for dealing with any
conflict of interest affecting—

(a) the Adjudicator;

(b) the Deputy Adjudicator; or

(c) 10staff working for the Adjudicator.

(2) The Adjudicator must consult the Secretary of State before making or
revising the arrangements.

(3) The Adjudicator must publish a summary of the arrangements.

11 (1) This paragraph applies if both the Adjudicator and the Deputy Adjudicator
15are unable to act in relation to a matter because of conflicts of interest.

(2) The Secretary of State must appoint a person to act as a Deputy Adjudicator
if asked to do so by the Adjudicator.

(3) An acting Deputy Adjudicator may carry out any of the Adjudicator’s
functions for the purpose of dealing with the matter in respect of which he
20or she is appointed.

(4) A person holds and vacates office as an acting Deputy Adjudicator in
accordance with the terms of his or her appointment (subject to sub-
paragraph (5)).

(5) Paragraphs 6(d) and (e) and 7 and 8 apply to an acting Deputy Adjudicator
25as they apply to the Deputy Adjudicator.

Validity of acts

12 A defect in appointment does not affect the validity of things done by—

(a) the Adjudicator;

(b) the Deputy Adjudicator; or

(c) 30an acting Deputy Adjudicator.

Application of seal and proof of documents

13 The application of the Adjudicator’s seal must be authenticated by the
signature of—

(a) the Adjudicator; or

(b) 35some other person who has been authorised by the Adjudicator for
that purpose (whether generally or specially).

14 A document purporting to be duly executed under the seal—

(a) is to be received in evidence; and

(b) is to be treated as duly executed unless the contrary is shown.

Accounts

15 (1) The Adjudicator must keep proper accounts and proper records in relation
to the accounts.

(2) For each financial year the Adjudicator must prepare a statement of accounts
5in respect of that financial year.

(3) The statement must be in whatever form the Secretary of State directs.

(4) The Adjudicator must send a copy of the statement, within a period
specified by the Secretary of State, to—

(a) the Secretary of State; and

(b) 10the Comptroller and Auditor General.

(5) After the Adjudicator has sent a copy of a statement of accounts to the
Comptroller and Auditor General, the Comptroller and Auditor General
must—

(a) examine, certify and report on the statement; and

(b) 15send a copy of the certified statement and the report to the Secretary
of State as soon as possible.

(6) The Secretary of State must lay before Parliament a copy of the certified
statement and of the report.

Incidental powers

16 20The Adjudicator may do anything that is calculated to facilitate the carrying
out of the Adjudicator’s functions or is conducive or incidental to the
carrying out of those functions.

Assistance from Office of Fair Trading

17 The Office of Fair Trading may provide staff, premises, facilities or other
25assistance to the Adjudicator (with or without charge).

Exemption from liability for damages

18 (1) The following are exempt from liability in damages for anything done or
omitted in the exercise or purported exercise of their functions—

(a) the Adjudicator;

(b) 30the Deputy Adjudicator;

(c) acting Deputy Adjudicators;

(d) staff working for the Adjudicator.

(2) But sub-paragraph (1) does not apply—

(a) if the act or omission is shown to have been in bad faith; or

(b) 35so as to prevent an award of damages made in respect of an act or
omission on the ground that the act or omission was unlawful as a
result of section 6(1) of the Human Rights Act 1998.

Sections 4 and 7

SCHEDULE 2 Information powers

1 (1) The Adjudicator may, for the purposes of an investigation, require a
person—

(a) 5to provide documents in the person’s possession or control;

(b) to provide other information in the person’s possession or control.

(2) The Adjudicator may, for the purposes of monitoring whether a large
retailer has followed a recommendation made under section 7, require the
retailer—

(a) 10to provide documents in the retailer’s possession or control;

(b) to provide other information in the retailer’s possession or control.

(3) A requirement imposed under this paragraph may include a requirement
for information to be provided orally.

(4) A requirement is imposed by giving a written notice specifying—

(a) 15to whom the information is to be provided;

(b) where it is to be provided;

(c) when, or the time by which, it is to be provided;

(d) the form and manner in which it is to be provided.

(5) A notice must also explain the possible consequences of failing to comply.

(6) 20If a notice requires an individual to attend at a particular place the
Adjudicator must offer to pay necessary travelling expenses.

(7) A person may not be required under this paragraph to do anything that the
person could not be compelled to do in civil proceedings before—

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

(b) 25the Court of Session in Scotland.

2 (1) It is an offence for a person intentionally to fail to comply with a requirement
under this Schedule.

(2) It is a defence for a person charged with that offence to prove that there was
a reasonable excuse for the person’s failure.

3 30It is an offence for a person knowingly to provide false information in
response to a requirement under this Schedule.

4 A person guilty of an offence under this Schedule is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum;

(b) 35on conviction on indictment, to a fine.