Session 2012-13
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Groceries Code Adjudicator Bill [HL]
AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
Clause 1
VISCOUNT ECCLES
Page 1, line 1, leave out Clause 1 and insert—
“The Groceries (Supply Chain Practices) Market Investigation Order 2009
The Office of Fair Trading is to continue to monitor compliance with The Groceries (Supply Chain Practices) Market Investigation Order 2009.”
LORD BROWNE OF LADYTON
Page 1, line 3, leave out “is to” and insert “will”
THE EARL OF LYTTON
Page 1, line 3, after “adjudicator” insert “who is to act as an arbitrator”
Schedule 1
LORD BROWNE OF LADYTON
Page 11, line 8, at end insert “, following recommendation from the Judicial Appointments Commission”
Page 11, line 10, leave out “Secretary of State” and insert “Adjudicator”
Page 11, line 20, after “State” insert “with the agreement of the Lord Chief Justice”
Page 11, line 21, after “person” insert “has been convicted of an offence or otherwise”
Page 13, line 9, at end insert—
“( ) the Scottish Government;
( ) the Welsh Assembly Government;
( ) the Northern Ireland Executive; and”
Page 13, line 22, at end insert—
“(2) The Adjudicator may, in particular—
(a) enter into contracts;
(b) with the consent of the Secretary of State borrow money;
(c) acquire and dispose of land; and
(d) obtain advice or assistance from any person.
(3) The Adjudicator may remunerate any person from whom he or she obtains advice or assistance.”
Page 13, line 24, leave out “Office of Fair Trading” and insert “Competition and Markets Authority”
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Schedule 1 be the First Schedule to the Bill.
Clause 2
LORD BROWNE OF LADYTON
Page 1, line 7, leave out from “must” to end of line 8
Page 1, line 11, leave out “may accept appointment as the arbitrator” and insert “must appoint another person to arbitrate”
Page 1, line 11, at end insert—
“(3) The person appointed by the Adjudicator to arbitrate under subsection (2) must be suitably qualified and experienced to conduct such an arbitration.
(4) This section applies to—
(a) arbitrators, and
(b) any individual who has been asked to be an arbitrator but who has not yet been appointed.
(5) An individual to whom this section applies must, without delay disclose—
(a) to the Adjudicator and the parties, and
(b) in the case of an individual not yet appointed as an arbitrator, to the Adjudicator any circumstances known to the individual (or which become known to the individual before the arbitration ends) which might reasonably be considered relevant when considering whether the individual is impartial and independent.
(6) A party may object to the Adjudicator about the appointment of an arbitrator.
(7) An objection is competent only if it is made on the ground that the arbitrator is not impartial and independent or has not treated the parties fairly, and—
(a) it states the facts on which it is based;
(b) it is made within 14 days of the objector becoming aware of those facts; and
(c) notice of it is given to the other party.
(8) The Adjudicator may deal with an objection by confirming or revoking the appointment.
(9) If the Adjudicator fails to make a decision within 14 days of a competent objection being made, the appointment is revoked.”
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill.
Clause 3
VISCOUNT ECCLES
Page 1, line 13, leave out subsection (1)
LORD BROWNE OF LADYTON
Page 1, line 13, leave out “If” and insert “Where”
VISCOUNT ECCLES
Page 1, line 13, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 1, line 13, leave out “another person as” and insert “an”
Page 1, line 15, at end insert—
“( ) The power conferred by this section is not exercisable in relation to information or documents in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.”
VISCOUNT ECCLES
Page 1, line 16, leave out subsection (2)
Page 1, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”
Clause 4
VISCOUNT ECCLES
Page 2, line 5, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 2, line 5, after “may” insert “, either at the Adjudicator’s own initiative or following a complaint by a third party with an interest,”
VISCOUNT ECCLES
Page 2, line 11, leave out “Adjudicator” and insert “Office of Fair Trading”
Clause 5
VISCOUNT ECCLES
Page 2, line 14, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 2, line 19, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 2, line 20, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 2, line 20, at end insert “; and
(c) the reasons for the decisions reached”
VISCOUNT ECCLES
Page 2, line 21, leave out subsections (3) and (4)
Clause 6
VISCOUNT ECCLES
Page 2, line 25, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 2, line 26, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 2, line 30, leave out paragraph (c)
Clause 7
VISCOUNT ECCLES
Page 2, line 32, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 2, line 35, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 2, line 35, at end insert—
“( ) In the event that a recommendation has not been followed, the Adjudicator may invoke the remaining enforcement measures referred to in section 6.”
Page 2, line 36, at end insert—
“(4) The power conferred by this section is not exercisable in relation to information or documents in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.”
Clause 8
VISCOUNT ECCLES
Page 3, line 2, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 3, line 6, leave out from “retailer” to the end of line 9
Page 3, line 10, leave out “Adjudicator” and insert “Office of Fair Trading”
Clause 9
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill.
Schedule 3
LORD BROWNE OF LADYTON
Page 15, line 16, leave out paragraphs (b) and (c) and insert—
“(b) the Competition and Markets Authority;”
Clause 10
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.
Clause 11
VISCOUNT ECCLES
Page 4, line 13, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 4, line 14, after “to” insert “the public”
Clause 12
VISCOUNT ECCLES
Page 4, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 17, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 19, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 20, after “investigations” insert—
“(ba) the criteria that the Office of Fair Trading intends to adopt towards the content and timing of information to be published under section 8(2);”
Page 4, line 21, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 23, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 24, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 26, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 31, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 32, leave out “he or she” and insert “it”
Page 4, line 33, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 4, line 36, leave out “Adjudicator” and insert “Office of Fair Trading”
Clause 13
LORD BROWNE OF LADYTON
Page 4, line 40, leave out “Office of Fair Trading” and insert “Competition and Markets Authority”
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 13 stand part of the Bill.
Clause 14
VISCOUNT ECCLES
Page 5, line 3, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 5, line 4, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 5, line 10, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 5, line 12, leave out subsection (4)
Page 5, line 14, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 5, line 16, leave out paragraph (b)
LORD BROWNE OF LADYTON
Page 5, line 16, leave out paragraph (b) and insert—
“(b) the Competition and Markets Authority;
(c) the Scottish Government;
(d) the Welsh Assembly Government; and
(e) the Northern Ireland Executive.”
Clause 15
VISCOUNT ECCLES
Page 5, line 23, leave out “Adjudicator’s” and insert “Office of Fair Trading’s”
Page 5, line 30, leave out “Adjudicator’s” and insert “Office of Fair Trading’s”
Page 5, line 31, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 5, line 39, leave out paragraph (a)
LORD BROWNE OF LADYTON
Page 5, line 40, leave out paragraph (b) and insert—
“(b) the Competition and Markets Authority;”
Page 6, line 1, leave out paragraph (c)
VISCOUNT ECCLES
Page 6, line 18, after “supplier” insert “or a retailer”
Clause 16
VISCOUNT ECCLES
LORD BROWNE OF LADYTON
The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
Clause 17
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill.
Clause 18
VISCOUNT ECCLES
Page 7, line 23, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 7, line 23, after “Adjudicator” insert “, or the Deputy Adjudicator or any person acting on behalf of the Adjudicator,”
Page 7, line 23, leave out “may” and insert “must”
VISCOUNT ECCLES
Page 7, line 27, leave out paragraph (b)
Page 7, line 29, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 7, line 29, after “Adjudicator” insert “, or the Deputy Adjudicator or any person acting on behalf of the Adjudicator,”
Page 7, line 29, leave out “may” and insert “must”
VISCOUNT ECCLES
Page 7, line 30, leave out “Adjudicator” and insert “Office of Fair Trading”
Page 7, line 35, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
Page 7, line 43, at end insert—
“( ) Any person who, in contravention of this section knowingly discloses any information obtained when employed by, or acting on behalf of, the Adjudicator is guilty of an offence and liable on summary conviction to a fine.”
Clause 19
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 19 stand part of the Bill.
Clause 20
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.
Clause 22
VISCOUNT ECCLES
Page 9, leave out line 31
In the Title
VISCOUNT ECCLES
Line 1, leave out “a Groceries Code Adjudicator with the” and insert “the Office of Fair Trading’s”