Moved by
Lord Grantchester
44: Schedule 1, page 149, line 4, at end insert—
“Code of Practice Adjudicator
The Secretary of State must appoint a person who shall act as an adjudicator with the powers—
(a) to determine the validity of complaints as to breaches of the code of practice; and
(b) on finding a breach of the code of practice, to determine whether it warrants an award of compensation, costs between the parties or a penalty as the adjudicator shall deem appropriate and proportionate.
Status of the Code of Practice
Compliance with the Code shall be a material consideration—
(a) by the court in considering disputes referred to it under this Schedule as may be relevant to both the determination of the dispute and any ancillary matters including the award of costs between the parties; and
(b) by the adjudicator in considering any question arising over the grant or retention of a licence to Operator enabling it to have the benefit of Code Rights under this Schedule.”