Groceries Code Adjudicator Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Groceries Code Adjudicator Bill [HL]

Groceries Code Adjudicator Bill [HL]
Schedule 2 — Information powers
14

Schedule 2
Sections 4 and 7

Information powers
1     (1)
The Adjudicator may, for the purposes of an investigation, require a
person—
(a)
to provide documents in the person’s possession or control;
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(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)
to provide documents in the retailer’s possession or control;
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(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)
to whom the information is to be provided;
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(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)
If a notice requires a particular individual to attend at a place that is more
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than 10 miles from his or her place of residence 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
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(b)
the 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.
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3
It 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;
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(b)
on conviction on indictment, to a fine.

Groceries Code Adjudicator Bill [HL]
Schedule 3 — Order conferring power to impose financial penalties
15

Schedule 3
Section 9

Order conferring power to impose financial penalties
1
The Secretary of State may make an order under section 9 authorising the
Adjudicator to impose financial penalties only if the Secretary of State thinks
that the Adjudicator’s other powers are inadequate.
5
2
The order must specify the maximum penalty that may be imposed or how
the maximum penalty is to be calculated.
3
The order may include further measures about procedural matters.
4
The order may require the Adjudicator to publish guidance about the
criteria the Adjudicator intends to adopt in deciding the amount of a
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financial penalty.
5
The order may require the Adjudicator to consult before publishing
guidance about financial penalties.
6
Before making an order, the Secretary of State must consult—
(a)
the Adjudicator;
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(b)
the Competition Commission;
(c)
the Office of Fair Trading;
(d)
the large retailers;
(e)
one or more persons appearing to the Secretary of State to represent
the interests of suppliers;
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(f)
one or more persons appearing to the Secretary of State to represent
the interests of consumers; and
(g)
any other person the Secretary of State thinks appropriate.