Groceries Code Adjudicator Act 2013

9 Investigations: enforcement using financial penalties

(1) If the Adjudicator chooses to 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 (6)).

(2) The financial penalty is imposed by giving the large retailer written notice specifying—

(a) the grounds for imposing the penalty;

(b) the amount of the penalty;

(c) the period within which it must be paid; and

(d) how it must be paid.

(3) The large retailer may appeal against the imposition of a financial penalty or its amount—

(a) to the High Court, in England and Wales or Northern Ireland; or

(b) to the Court of Session, in Scotland.

(4) Financial penalties under this section are recoverable by the Adjudicator as a debt.

(5) Financial penalties received by the Adjudicator must be paid into the Consolidated Fund.

(6) 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.

(7) 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 (6) or the method for determining the amount.

(8) Before making a recommendation the Adjudicator must consult any person he or she thinks appropriate.

(9) The Secretary of State—

(a) must have regard to the Adjudicator’s recommendation when making the first order under subsection (6);

(b) may amend or replace an order under subsection (6) only if the Secretary of State has considered whether to do so as part of a review under section 15.

(10) 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 (6) comes into force.