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Groceries Code Adjudicator Bill [HL]

MARSHALLED LIST OF AMENDMENTS TO BE MOVED ON CONSIDERATION

OF commons AMENDMENTS

[The page and line references are to Bill 62, the bill as first printed for the Commons.]

Clause 9

1

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

2

Page 3, line 20, leave out from “to” to end of line 21 and insert “enforce through

 

imposing financial penalties, that means imposing a penalty on the large retailer of

 

an amount not exceeding the amount of the permitted maximum (see subsection

 

(7)).”

3

Page 3, line 25, leave out “and”

4

Page 3, line 26, at end insert “; and

 

(d)    

how it must be paid.”

5

Page 3, line 34, at end insert—

 

“(7)    

The Secretary of State must make an order—

 

(a)    

specifying the amount of the permitted maximum, or

 

(b)    

specifying how that amount is to be determined.

 

(8)    

The Adjudicator must, within 6 months beginning with the day on which

 

section 1 comes into force, make a recommendation as to the amount that

 

should be specified in the first order under subsection (7) or the method for

 

determining the amount.

 

(9)    

Before making a recommendation the Adjudicator must consult any

 

person he or she thinks appropriate.

 

(10)    

The Secretary of State—

 

(a)    

must have regard to the Adjudicator’s recommendation when

 

making the first order under subsection (7);

 
 
HL Bill 87-I55/2

 
 

2

 
 

(b)    

may amend or replace an order under subsection (7) only if the

 

Secretary of State has considered whether to do so as part of a

 

review under section 15.

 

(11)    

The Adjudicator may not impose a financial penalty in respect of a breach

 

of the Groceries Code that occurs before the first order under subsection (7)

 

comes into force.”

Clause 12

6

Page 4, line 20, leave out “and”

7

Page 4, line 22, at end insert “; and

 

(d)    

the criteria that the Adjudicator intends to adopt in deciding the

 

amount of any financial penalty under section 9.”

8

Page 4, line 31, leave out subsection (4)

9

Page 4, line 39, leave out “and (c)” and insert “, (c) and (d)”

Clause 15

10

Page 5, line 37, leave out subsection (5) and insert—

 

“(5)    

The review must also consider whether it would be desirable—

 

(a)    

for an order to be made under subsection (10A) (if no order under

 

that subsection is in force), or

 

(b)    

for any order under that subsection to be revoked.”

11

Page 5, line 38, at end insert—

 

“( )    

A review may consider whether it would be desirable to amend or replace

 

the order for the time being in force under section 9(7).”

12

Page 6, line 18, leave out lines 18 to 20 and insert—

 

“(10A)    

The Secretary of State may by order provide that this Act has effect as if the

 

section set out in subsection (11) below were inserted after section 4.

 

(10B)    

An order under subsection (10A)—

 

(a)    

may be made only if, as a result of the findings of a review, the

 

Secretary of State thinks that making the order would enable the

 

Adjudicator to be more effective;

 

(b)    

may be revoked only if, as a result of the findings of a review, the

 

Secretary of State thinks that revoking the order would not impair

 

the Adjudicator’s effectiveness.

 

(11)    

This is the section referred to in subsection (10A)—”

Clause 23

13

Page 10, line 21, after “section” insert “15(10A) or”

14

Page 10, line 21, leave out “9(1) or”

 
 

 
 

3

 
 

LORD DE MAULEY

 

[As an amendment to Commons Amendment 14]

14A

At end insert “and insert “section 9(7) or section””

Clause 26

15

Page 11, line 3, leave out subsection (2)

Schedule 3

16

Page 15, line 36, leave out Schedule 3

 
 

 
 

4

 

 
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Revised 13 March 2013