Groceries Code Adjudicator Bill [HL]

MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 11th July 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 “There is to be a Groceries Code Adjudicator” and insert “A Groceries Code Adjudicator is established”

After Clause 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

LORD CAMERON OF DILLINGTON

LORD CURRY OF KIRKHARLE

2

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 by the Office of Fair Trading, in consultation with the Adjudicator, into the effectiveness and scope 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

3

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

LORD BROWNE OF LADYTON

4*

Page 13, line 24, leave out “Office of Fair Trading” and insert “Competition and Markets Authority”

After Schedule 1

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

5

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 terms of the drafting 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 a 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 WHITTY

6

Page 1, line 11, at end insert—

“(3) If a trade association or other third party refers a dispute to arbitration, the Adjudicator may—

(a) accept appointment as arbiter;

(b) appoint another person to arbitrate;

(c) dismiss the dispute referred as trivial or vexatious or providing insufficient prima facie evidence.”

LORD BROWNE OF LADYTON

7*

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—

(a) it is made on the ground that the arbitrator is not impartial and independent, or has not treated the parties fairly;

(b) it states the facts on which it is based;

(c) it is made within 14 days of the objector becoming aware of those facts, and

(d) 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.”

Clause 4

LORD HOWARD OF RISING

VISCOUNT ECCLES

8

Page 2, line 13, 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 WILCOX

BARONESS BYFORD

9

Page 14, line 20, leave out from “requires” to “the” in line 21 and insert “an individual to attend at a particular place”

Clause 5

LORD BROWNE OF LADYTON

10*

Page 2, line 21, at end insert “; and

“(c) the reasons for the findings and any action taken or proposed”

LORD HOWARD OF RISING

VISCOUNT ECCLES

11

Page 2, line 24, at end insert “and any such comments must be published with the report if the retailer so requests”

Clause 6

LORD WHITTY

12

Page 2, line 31, at end insert—

“(d) require compensation to be paid”

LORD HOWARD OF RISING

VISCOUNT ECCLES

13

Page 2, line 31, at end insert—

“(2) A large retailer, subject to any enforcement measure set out in this section, may appeal against those measures to the Competition Appeals Tribunal.

(3) If the Adjudicator requires information to be published, the large retailer may appeal to the Competition Appeals Tribunal—

(a) prior to any information being published; or

(b) following the publication of any information.”

Clause 8

LORD HOWARD OF RISING

VISCOUNT ECCLES

14*

Page 3, line 15, at end insert—

“( ) The specified retailer may appeal against the requirement to publish information to the Competition Appeals Tribunal—

(a) prior to any information being published; or

(b) following the publication of any information.”

Clause 9

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

LORD CAMERON OF DILLINGTON

LORD CURRY OF KIRKHARLE

15

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

Schedule 3

BARONESS WILCOX

16

Page 15, line 9, leave out paragraphs 4 and 5

LORD BROWNE OF LADYTON

17*

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

“(b) the Competition and Markets Authority;”

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

18

Leave out Schedule 3

Clause 10

LORD HOWARD OF RISING

VISCOUNT ECCLES

19

Page 3, line 39, leave out “may” and insert “must, other than in exceptional circumstances,”

20

Page 4, line 10, at end insert—

“( ) The Adjudicator must publish an annual report on the operation of this section.”

Clause 11

LORD HOWARD OF RISING

VISCOUNT ECCLES

21

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

Clause 12

LORD HOWARD OF RISING

VISCOUNT ECCLES

22

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

BARONESS WILCOX

23

Page 4, line 30, at end insert—

“( ) If the Secretary of State makes an order under section 9 authorising the Adjudicator to impose financial penalties, the Adjudicator must publish guidance about the criteria that the Adjudicator intends to adopt in deciding the amount of a penalty (and this requirement can be satisfied by guidance published before the order is made).”

LORD HOWARD OF RISING

VISCOUNT ECCLES

24

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

Clause 13

LORD BROWNE OF LADYTON

25*

Page 4, line 40, leave out “Office of Fair Trading” and insert “Competition and Markets Authority”

Clause 14

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

26

Page 5, line 9, at end insert—

“( ) The report must include an evaluation by the Adjudicator, after consulting with the Office of Fair Trading, of how well the code is working.”

LORD BROWNE OF LADYTON

27*

Page 5, line 16, leave out “Office of Fair Trading” and insert “Competition and Markets Authority”

BARONESS WILCOX

28

Page 5, line 16, at end insert—

“( ) The Secretary of State must lay a copy of the report before Parliament.”

Clause 15

LORD BROWNE OF LADYTON

29*

Page 5, line 40, leave out “Competition Commission” and insert “Competition and Markets Authority”

Clause 16

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

30

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)).”

LORD WHITTY

31

Page 7, line 15, at end insert—

“(6) The Secretary of State may by order extend the scope of the Groceries Adjudicators Code, and such extension of scope shall only take place after consultation with all parties that the Secretary of State considers relevant.”

Clause 17

LORD TRUE

32

Transpose Clause 17 to after Clause 18

Clause 18

LORD BROWNE OF LADYTON

33*

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

34*

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

35*

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

36*

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

37*

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 HOWARD OF RISING

VISCOUNT ECCLES

38

Page 8, line 10, at end insert “, and for the purpose of the first levy and any subsequent annual increase in the levy, the Adjudicator must undertake a consultation process with the specified retailers and consider any submissions received.

“( ) The Adjudicator may require the payment of a levy only if an order made by the Secretary of State is in force setting out the amount of the levy and authorising the Adjudicator to do so.”

LORD RAZZALL

LORD TEVERSON

BARONESS RANDERSON

39*

Page 8, line 12, leave out from beginning to “based” in line 14 and insert “The Adjudicator may require different specified retailers to pay different amounts of levy but any differences must be”

40*

Page 8, line 24, at end insert “(including any criteria under subsection (5))”

LORD HOWARD OF RISING

VISCOUNT ECCLES

41

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

Clause 22

LORD KENNEDY OF SOUTHWARK

42

Page 10, line 3, at end insert “and as varied by any subsequent order made under that section”

Clause 23

LORD KNIGHT OF WEYMOUTH

LORD GRANTCHESTER

43

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).”

Prepared 13th July 2012