Groceries Code Adjudicator Bill [HL]

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

After Clause 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Insert the following new Clause—

“The Groceries Supply Order

(1) The Secretary of State must make an order to establish the Groceries Supply Order by statutory instrument.

(2) The Secretary of State shall commission a review into the effectiveness of the Groceries Code to report no later than two years following the commencement of this Act.

(3) An order may not be made under subsection (1) until a review under subsection (2) is completed.

(4) An order made under subsection (1) is subject to the approval of both Houses of Parliament.”

Schedule 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 11, line 8, at end insert “subject to confirmation by a joint committee of the relevant departmental select committees”

After Schedule 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Insert the following new Schedule—

“SCHEDULE Super-Affirmative Procedure

1 If the Secretary of State is proposing to make an order under section 16(2)(a) or (b), the Secretary of State must consult those persons whom the Secretary of State considers would be affected by the proposed order.

2 (1) If, after such a consultation, the Secretary of State considers it appropriate to proceed with the making of the order, the Secretary of State must lay before Parliament—

(a) a draft order, and

(b) a document which explains the order.

(2) The Secretary of State may not act under this paragraph before the end of the period of twelve weeks beginning with the day on which the consultation began.

3 (1) The Secretary of State may make an order in the terms of the draft order laid under paragraph 2 if, after the expiry of the 40-day period, the draft order is approved by a resolution of each House of Parliament.

(2) But the procedure in paragraph 4 is to apply to the draft order instead of the procedure in this paragraph if—

(a) either House of Parliament so resolves within the 30-day period, or

(b) a committee of either House charged with reporting on the draft order so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period.

4 (1) The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order, made during the 60-day period with regard to the draft order.

(2) If after the expiry of the 60-day period the draft order is approved by a resolution of each House of Parliament, the Secretary of State may make an order in the terms of the draft order.

(3) If after the expiry of the 60-day period the Secretary of State wishes to proceed with the draft order but with material changes, the Secretary of State may lay before Parliament—

(a) a revised draft order, and

(b) a statement giving a summary of the changes proposed.

(4) If the revised draft order is approved by a resolution of each House of Parliament, the Secretary of State may make an order in the terms of the revised draft order.

5 (1) For the purposes of this paragraph, an order is made in the terms of a draft order or revised draft order if it contains no material changes to its provisions.

(2) In this Schedule, references to the “30-day”, “40-day” and “60-day” periods in relation to any draft order are to the periods of 30, 40 and 60 days beginning with the day on which the draft order was laid before Parliament.

(3) For that purpose no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”

Clause 9

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 3, line 33, leave out “the Consolidated Fund” and insert “a fund, the proceeds of which are to be used to support innovation in the grocery market supply chain”

Schedule 3

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 15, line 4, leave out from “penalties” to end of line 5

 

Page 15, line 9, leave out paragraphs 4 to 6

Clause 12

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 4, line 22, at end insert—

“(1A) The Adjudicator must publish draft guidance about the criteria the Adjudicator would adopt in deciding the amount of a financial penalty.

(1B) The Adjudicator must publish guidance under subsection (1A) within one year beginning with the day on which section 1 comes into force.”

 

Page 4, line 22, at end insert—

“(1A) The Adjudicator must publish draft guidance about the criteria the Adjudicator would adopt in deciding the amount of a financial penalty.

(1B) Before publishing guidance under subsection (1A), the adjudicator must consult—

(a) the Competition Commission;

(b) the Office of Fair Trading;

(c) the large retailers;

(d) one or more persons appearing to the Adjudicator to represent the interests of suppliers;

(e) one or more persons appearing to the Adjudicator to represent the interests of consumers; and

(f) any other person the Adjudicator thinks appropriate.

(1C) Guidance under subsection (1A) must be published within one year of commencement of this Act.”

Clause 14

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 5, line 9, at end insert—

“( ) The report must include an evaluation by the Adjudicator of how well the code is working.”

 

Page 5, line 14, at end insert—

“( ) Parliament;”

Clause 15

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 6, line 24, at end insert—

“( ) information provided by any other source listed by the Secretary of State in guidance issued under subsection (8) of the Groceries Code Adjudicator Act 2012.”

Clause 16

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 7, line 8, at end insert—

“( ) An order under subsection (2)(a) or (b) is subject to the super-affirmative procedure (see Schedule (Super-Affirmative Procedure)).”

Clause 19

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 8, line 5, leave out “may” and insert “shall”

 

Page 8, line 12, leave out from “be” to end of line 17 and insert “in proportion to the annual turnover of each large retailer”

Clause 20

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 8, line 34, leave out “grants or”

Clause 21

LORD TRUE

 

Lord True gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill.

Clause 23

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

Page 10, line 18, at end insert—

“( ) A statutory instrument containing an order under section 16(a) or 2(a) or (b) is subject to the super-affirmative resolution procedure set out in Schedule (Super-Affirmative Procedure).”

Prepared 22nd June 2012