Groceries Code Adjudicator Bill [HL]

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED IN
GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 11th June 2012, as follows—

Clause 1
Schedule 1
Clauses 2 to 4
Schedule 2
Clauses 5 to 9
Schedule 3
Clauses 10 to 26

[Amendments marked * are new or have been altered]

Clause 1

LORD BROWNE OF LADYTON

1

Page 1, line 3, leave out “is to” and insert “will”

VISCOUNT ECCLES

2

Leave out Clause 1 and insert the following new Clause—

“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.”

After Clause 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

3

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 BROWNE OF LADYTON

4

Page 11, line 8, at end insert “, following recommendation from the Judicial Appointments Commission”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

5

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

LORD BROWNE OF LADYTON

6

Page 11, line 10, leave out “Secretary of State” and insert “Adjudicator”

7

Page 11, line 20, after “State” insert “with the agreement of the Lord Chief Justice”

8

Page 11, line 21, after “person” insert “has been convicted of an offence or otherwise”

9

Page 13, line 9, at end insert—

“( ) the Scottish Government;

( ) the Welsh Assembly Government;

( ) the Northern Ireland Executive; and”

10

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.”

11

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.

After Schedule 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

12

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 2

LORD BROWNE OF LADYTON

13

Page 1, line 7, leave out from “must” to end of line 8

14

Page 1, line 11, leave out “may accept appointment as the arbitrator” and insert “must appoint another person to arbitrate”

15

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

16

Page 1, line 13, leave out subsection (1)

LORD BROWNE OF LADYTON

17

Page 1, line 13, leave out “If” and insert “Where”

VISCOUNT ECCLES

18

Page 1, line 13, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

19

Page 1, line 13, leave out “another person as” and insert “an”

20

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

21

Page 1, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”

Clause 4

VISCOUNT ECCLES

22

Page 2, line 5, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

23

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

24*

Page 2, line 6, leave out “suspect” and insert “believe”

25

Page 2, line 11, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD TEVERSON

LORD RAZZALL

26*

Page 2, line 12, at end insert—

“( ) In deciding whether to carry out an investigation, the Adjudicator may consider any information that it seems appropriate to consider.”

LORD HOWARD OF RISING

27*

Page 2, line 12, at end insert—

“( ) In deciding whether to carry out an investigation, the Adjudicator may consider only one or both of the following—

(a) information provided by a supplier;

(b) information that is publicly available.”

Schedule 2

BARONESS BYFORD

28

Page 14, line 20, leave out “is more than 10 miles” and insert “cannot be reached by the use of public transport in under half an hour”

Clause 5

VISCOUNT ECCLES

29

Page 2, line 14, leave out “Adjudicator” and insert “Office of Fair Trading”

30

Page 2, line 19, leave out “Adjudicator” and insert “Office of Fair Trading”

31

Page 2, line 20, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

32

Page 2, line 20, at end insert “; and

(c) the reasons for the decisions reached”

VISCOUNT ECCLES

33

Page 2, line 21, leave out subsections (3) and (4)

BARONESS BYFORD

34

Page 2, line 23, at end insert “, and any such comments will be included as an appendix to the report”

Clause 6

VISCOUNT ECCLES

35

Page 2, line 25, leave out “Adjudicator” and insert “Office of Fair Trading”

36

Page 2, line 26, leave out “Adjudicator” and insert “Office of Fair Trading”

37

Page 2, line 30, leave out paragraph (c)

Clause 7

VISCOUNT ECCLES

38

Page 2, line 32, leave out “Adjudicator” and insert “Office of Fair Trading”

39

Page 2, line 35, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

40

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.”

41

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

42

Page 3, line 2, leave out “Adjudicator” and insert “Office of Fair Trading”

43

Page 3, line 6, leave out from “retailer” to end of line 9

44

Page 3, line 10, leave out “Adjudicator” and insert “Office of Fair Trading”

Clause 9

LORD RAZZALL

BARONESS RANDERSON

LORD TEVERSON

45*

Page 3, line 17, leave out subsection (1)

BARONESS BYFORD

LORD BORRIE

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

46

Page 3, line 17, leave out from “penalties” to end of line 19

LORD RAZZALL

BARONESS RANDERSON

LORD TEVERSON

47*

Page 3, line 20, leave out “use this method of enforcement” and insert “enforce through imposing financial penalties”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

48

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”

LORD RAZZALL

LORD TEVERSON

49*

Page 3, line 34, at end insert “unless the Adjudicator decides to pay an appropriate amount therefrom as redress to the supplier or to make any other appropriate payment”

VISCOUNT ECCLES

 

Viscount Eccles gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill.

Schedule 3

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

50

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

51

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

LORD RAZZALL

BARONESS RANDERSON

LORD TEVERSON

52*

Page 15, line 14, leave out paragraph 6

LORD BROWNE OF LADYTON

53

Page 15, line 16, leave out paragraphs (b) and (c) and insert—

“(b) the Competition and Markets Authority;”

BARONESS WILCOX

54

Page 15, line 18, leave out “large retailers” and insert “retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply Order”

BARONESS BYFORD

LORD BORRIE

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

 

The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.

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

55

Page 4, line 13, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD HOWARD OF RISING

56*

Page 4, line 13, leave out “may” and insert “must”

LORD BROWNE OF LADYTON

57

Page 4, line 14, after “to” insert “the public”

Clause 12

VISCOUNT ECCLES

58

Page 4, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”

59

Page 4, line 17, leave out “Adjudicator” and insert “Office of Fair Trading”

60

Page 4, line 19, leave out “Adjudicator” and insert “Office of Fair Trading”

61

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);”

62

Page 4, line 21, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

63

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.”

64

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.”

VISCOUNT ECCLES

65

Page 4, line 23, leave out “Adjudicator” and insert “Office of Fair Trading”

66

Page 4, line 24, leave out “Adjudicator” and insert “Office of Fair Trading”

67

Page 4, line 26, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD HOWARD OF RISING

68*

Page 4, line 26, leave out “may” and insert “must”

VISCOUNT ECCLES

69

Page 4, line 31, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD HOWARD OF RISING

70*

Page 4, line 31, at end insert “the large retailers and”

VISCOUNT ECCLES

71

Page 4, line 32, leave out “he or she” and insert “it”

72

Page 4, line 33, leave out “Adjudicator” and insert “Office of Fair Trading”

73

Page 4, line 36, leave out “Adjudicator” and insert “Office of Fair Trading”

Clause 13

LORD BROWNE OF LADYTON

74

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

75

Page 5, line 3, leave out “Adjudicator” and insert “Office of Fair Trading”

BARONESS BYFORD

76

Page 5, line 3, after “must” insert “, within four months,”

VISCOUNT ECCLES

77

Page 5, line 4, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

78

Page 5, line 9, at end insert—

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

VISCOUNT ECCLES

79

Page 5, line 10, leave out “Adjudicator” and insert “Office of Fair Trading”

80

Page 5, line 12, leave out subsection (4)

81

Page 5, line 14, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

82

Page 5, line 14, at end insert—

“( ) Parliament;”

VISCOUNT ECCLES

83

Page 5, line 16, leave out paragraph (b)

LORD BROWNE OF LADYTON

84

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

85

Page 5, line 23, leave out “Adjudicator’s” and insert “Office of Fair Trading’s”

86

Page 5, line 30, leave out “Adjudicator’s” and insert “Office of Fair Trading’s”

87

Page 5, line 31, leave out “Adjudicator” and insert “Office of Fair Trading”

88

Page 5, line 39, leave out paragraph (a)

LORD BROWNE OF LADYTON

89

Page 5, line 40, leave out paragraph (b) and insert—

“(b) the Competition and Markets Authority;”

90

Page 6, line 1, leave out paragraph (c)

BARONESS WILCOX

91

Page 6, line 2, leave out “large retailers” and insert “retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply Order”

VISCOUNT ECCLES

92*

Page 6, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”

93

Page 6, line 18, at end insert “or a retailer”

LORD RAZZALL

LORD TEVERSON

94*

Page 6, line 18, at end insert—

“( ) information provided by a trade association;”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

95

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

96

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)).”

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

97

Page 7, line 23, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

98

Page 7, line 23, after “Adjudicator” insert “, or the Deputy Adjudicator or any person acting on behalf of the Adjudicator,”

99

Page 7, line 23, leave out “may” and insert “must”

VISCOUNT ECCLES

100

Page 7, line 27, leave out paragraph (b)

101

Page 7, line 29, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

102

Page 7, line 29, after “Adjudicator” insert “, or the Deputy Adjudicator or any person acting on behalf of the Adjudicator,”

103

Page 7, line 29, leave out “may” and insert “must”

VISCOUNT ECCLES

104

Page 7, line 30, leave out “Adjudicator” and insert “Office of Fair Trading”

105

Page 7, line 35, leave out “Adjudicator” and insert “Office of Fair Trading”

LORD BROWNE OF LADYTON

106

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

LORD BORRIE

107

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

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

108

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

BARONESS WILCOX

109

Page 8, line 5, leave out “large” and insert “the specified”

LORD BORRIE

110

Page 8, line 7, leave out subsection (2)

BARONESS BYFORD

111

Page 8, line 12, leave out subsection (5)

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

112

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”

BARONESS WILCOX

113

Page 8, line 12, leave out “large retailer” and insert “of the specified retailers”

LORD RAZZALL

LORD TEVERSON

114*

Page 8, line 12, leave out from “unless” to end of line 13 and insert “the Adjudicator decides”

BARONESS WILCOX

115

Page 8, line 14, leave out “large” and insert “the specified”

116

Page 8, line 17, leave out “retailers” and insert “specified retailers and any subsidiaries”

117

Page 8, line 18, leave out “large” and insert “specified”

LORD HOWARD OF RISING

118*

Page 8, line 25, leave out “may” and insert “must”

BARONESS WILCOX

119

Page 8, line 26, leave out “large” and insert “specified”

120

Page 8, line 27, leave out “subsection (9)” and insert “this section—

“specified retailer” means a retailer mentioned in Article 4(1)(a) or (b) of the Groceries Supply Order;”

VISCOUNT ECCLES

LORD TRUE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.

Clause 20

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

121

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

VISCOUNT ECCLES

 

Viscount Eccles gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.

Clause 21

LORD TRUE

 

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

Clause 22

VISCOUNT ECCLES

122

Page 9, leave out line 31

BARONESS WILCOX

123

Page 10, line 8, at end insert “or a subsidiary of a designated retailer”

Clause 23

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

124

Page 10, line 18, at end insert—

“( ) A statutory instrument containing an order under section 16(1) or 2(a) or (b) is subject to the super-affirmative resolution procedure set out in Schedule (Super-Affirmative Procedure).”

Clause 25

LORD HOWARD OF RISING

125*

Page 10, line 35, at end insert—

“(a) this Act will cease to have effect following the second review period required under section 15, unless a statutory instrument disapplying the provisions of this subsection has been laid before and approved by a resolution of both Houses of Parliament before the end of the second review period.”

In the Title

VISCOUNT ECCLES

126

Line 1, leave out “a Groceries Code Adjudicator with the” and insert “the Office of Fair Trading’s”

Prepared 25th June 2012