The Groceries Code Adjudicator Act is organised in 26 Sections and 2 Schedules and has the scope of setting up a Groceries Code Adjudicator (The Adjudicator) with the role of enforcing the Groceries Code and encouraging compliance with it. Schedule 1 provides details on the status, appointment, term of office and other requirement for the role of Adjudicator, it also establishes that the Adjudicator is a corporation sole and carries out functions on behalf of the Crown. The Adjudicator has arbitration powers; when a supplier refers a dispute to arbitration under the Groceries Supply Order the Adjudicator must either arbitrate the dispute or appoint another person to arbitrate. The Adjudicator has also investigations powers; sections 4 to 10 provide guidance on this process laying down provisions on investigation reports and forms of enforcements. Schedule 2 contains further information on investigation powers. Moreover, the Adjudicator may give advice on any matter relating to the Groceries Code to suppliers or large retailers; must make recommendation to the Office of Fair Trading for any changes to the Groceries Code; and must publish guidance about (a) the criteria that the Adjudicator intends to adopt in deciding whether to carry out investigations; (b) the practices and procedures that the Adjudicator intends to adopt in carrying out investigations; (c) the criteria that the Adjudicator intends to adopt in choosing whether to use the enforcement powers and which ones; and (d) the criteria that the Adjudicator intends to adopt in deciding the amount of any financial penalty under section 9. In addition, the Adjudicator may publish guidance about the practices and procedures that the Adjudicator intends to adopt in carrying out other functions and in the application of any provision of the Groceries Code. The Act continues ruling on Adjudicator’s reporting requirements (Section 14), supervision by Secretary of State (Sections 15-17), confidentiality (Section 18) and funding (Sections 19-20).
Royaume-Uni de Grande-Bretagne et d'Irlande du Nord · 2013-04-25