Groceries Code Adjudicator Act 2013
2013 c. 19An Act to set up a Groceries Code Adjudicator with the role of enforcing the Groceries Code and encouraging compliance with it.
Enacted[25th April 2013]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Introduction¶
I21 The Adjudicator¶
A Groceries Code Adjudicator is established (see Schedule 1).How does the Adjudicator arbitrate disputes?¶
I32 Arbitration¶
I43 Information about arbitration¶
How does the Adjudicator carry out investigations and enforce their findings?¶
I54 Investigations¶
I65 Investigation reports¶
I76 Investigations: forms of enforcement¶
If, as a result of an investigation, the Adjudicator is satisfied that a large retailer has broken the Groceries Code, the Adjudicator may take one or more of the following enforcement measures—I87 Investigations: enforcement using recommendations¶
I98 Investigations: enforcement using requirements to publish information¶
I109 Investigations: enforcement using financial penalties¶
I1110 Recovery of investigation costs¶
What advice, guidance and recommendations does the Adjudicator give?¶
I1211 Advice¶
The Adjudicator may give advice on any matter relating to the Groceries Code to suppliers or large retailers.I1312 Guidance¶
I1413 Recommendations to Competition and Markets Authority¶
If the Adjudicator considers it appropriate for any changes to be made to the Groceries Code, he or she must recommend them to the Competition and Markets Authority.What are the Adjudicator's reporting requirements?¶
I1514 Annual report¶
How is the Adjudicator supervised?¶
I1615 Review of Adjudicator and guidance from Secretary of State¶
I1716 Transfer of Adjudicator functions and abolition etc¶
I1817 Information to Secretary of State¶
How does the Adjudicator handle information?¶
I1918 Confidentiality¶
How may the Adjudicator be funded?¶
I2019 Levy funding¶
- “specified retailer” means a retailer mentioned in Article 4(1)(a) or (b) of the Groceries Supply Order;
- “surplus” means money held by the Adjudicator at the end of a financial year less—
- liabilities shown in the Adjudicator's statement of accounts for that financial year; and
- the total amount of any grants made by the Secretary of State under section 20 during that financial year or earlier ones.
I2120 Payments by Secretary of State¶
Amendments and transition¶
I121 Amendments and transition¶
Parliamentary Commissioner Act 1967 (c. 13)
House of Commons Disqualification Act 1975 (c. 24)
Freedom of Information Act 2000 (c. 36)
Enterprise Act 2002 (c. 40)
Arbitration (Scotland) Act 2010 (asp 1)
Definitions and final provisions¶
22 Definitions¶
In this Act—- “the Adjudicator” means the Groceries Code Adjudicator;
- “direct supplier” means a person who is a supplier within the meaning given by Article 2 of the Groceries Supply Order;
- “dispute” has the meaning given by Article 2 of the Groceries Supply Order;
- “financial year” means—
- the period beginning with the day on which section 1 comes into force and ending with the following 31 March; and
- each successive period of 12 months;
- “Groceries Code” means the code of practice set out in Schedule 1 to the Groceries Supply Order;
- “Groceries Supply Order” means the Groceries (Supply Chain Practices) Market Investigation Order 2009, made by the Competition Commission under section 161 of the Enterprise Act 2002;
- “indirect supplier” means a person who would be a supplier within the meaning given by Article 2 of the Groceries Supply Order but for the reference to direct supply;
- “large retailer” means a designated retailer as defined by Article 2 of the Groceries Supply Order or a subsidiary of a designated retailer;
- “supplier” means—
- a direct supplier; or
- an indirect supplier;
- “supply agreement” has the meaning given by Article 2 of the Groceries Supply Order.
23 Orders¶
24 Extent¶
This Act extends to—25 Commencement¶
26 Short title¶
This Act may be cited as the Groceries Code Adjudicator Act 2013.SCHEDULES
SCHEDULE 1 ¶
The Adjudicator
Section 1
Status¶
Appointment¶
Deputy Adjudicator¶
Term of office etc¶
Remuneration¶
Staff¶
Conflicts of interest¶
Validity of acts¶
Application of seal and proof of documents¶
Accounts¶
Incidental powers¶
Assistance from Office of Fair Trading¶
Exemption from liability for damages¶
SCHEDULE 2 ¶
Information powers
Sections 4 and 7
Footnotes
- I1S. 21 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I2S. 1 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I3S. 2 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I4S. 3 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I5S. 4 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I6S. 5 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I7S. 6 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I8S. 7 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I9S. 8 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I10S. 9 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I11S. 10 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I12S. 11 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I13S. 12 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I14S. 13 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I15S. 14 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I16S. 15 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I17S. 16 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I18S. 17 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I19S. 18 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I20S. 19 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I21S. 20 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I22Sch. 1 para. 1 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I23Sch. 1 para. 2 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I24Sch. 1 para. 3 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I25Sch. 1 para. 4 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I26Sch. 1 para. 5 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I27Sch. 1 para. 6 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I28Sch. 1 para. 7 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I29Sch. 1 para. 8 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I30Sch. 1 para. 9 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I31Sch. 1 para. 10 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I32Sch. 1 para. 11 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I33Sch. 1 para. 12 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I34Sch. 1 para. 13 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I35Sch. 1 para. 14 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I36Sch. 1 para. 15 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I37Sch. 1 para. 16 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I38Sch. 1 para. 17 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I39Sch. 1 para. 18 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I40Sch. 2 para. 1 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I41Sch. 2 para. 2 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I42Sch. 2 para. 3 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- I43Sch. 2 para. 4 in force at 25.6.2013 by S.I. 2013/1236, art. 2
- F1Words in s. 13 and in heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 205 (with art. 3)
- F2Words in s. 14(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 206 (with art. 3)
- F3Words in s. 14(5)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 206 (with art. 3)
- F4Words in s. 15(8)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 207(a) (with art. 3)
- F5S. 15(8)(c) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 207(b) (with art. 3)
- F6Words in Sch. 1 para. 17 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 208 (with art. 3)
- F7Words in s. 18(3)(b) substituted (31.12.2020) by The Groceries Code Adjudicator Act 2013, Small Business, Enterprise and Employment Act 2015 and Enterprise Act 2016 (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1046), regs. 1, 2; 2020 c. 1, Sch. 5 para. 1(1)
- F8Words in s. 18(3)(b) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 78