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The Pubs Code etc. Regulations 2016
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- UK Statutory Instruments
- 2016 No. 790
- PART 15
- Regulation 63
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 29(3)(d) inserted by S.I. 2022/341 Sch. 2 para. 5(3)
- reg. 29(5A) inserted by S.I. 2022/341 Sch. 2 para. 5(4)
- reg. 30(3) inserted by S.I. 2022/341 Sch. 2 para. 6(3)
- reg. 32A-32C inserted by S.I. 2022/341 Sch. 2 para. 9
- reg. 33 33A substituted for reg. 33 by S.I. 2022/341 Sch. 2 para. 10
- reg. 39(4)(h) inserted by S.I. 2022/341 Sch. 2 para. 14(4)
- reg. 44(d) inserted by S.I. 2022/341 Sch. 2 para. 15
- reg. 45A inserted by S.I. 2022/341 Sch. 2 para. 16
- reg. 58(1)(b)(ba) substituted for reg. 58(1)(b) by S.I. 2022/341 Sch. 2 para. 19
- reg. 60(1)(c)(ii)(iia) substituted for reg. 60(1)(c)(ii) by S.I. 2022/341 Sch. 2 para. 20
Investigations by the AdjudicatorE+W
This section has no associated Explanatory Memorandum
63.—(1) This regulation applies where—
(a)the Adjudicator is conducting an investigation of a pub-owning business (“P”) under section 53 of SBEEA 2015; and
(b)in the course of that investigation, evidence becomes available to the Adjudicator which suggests that a group undertaking in relation to P—
(i)discharges, has discharged, exercises, or has exercised, influence over any of P’s obligations under the tenancy or licence to which the investigation relates; or
(ii)is responsible for, or exercises influence over, that tenancy or licence, the financial arrangements, the charging policies or any other administrative, managerial or executive decisions of P, which affect the tied pub tenant,
in a way which is relevant to the investigation.
(2) Where this regulation applies, the Adjudicator may determine that the group undertaking is to be treated as a pub-owning business, as well as, or instead of P, for the purposes of an investigation under sections 53 to 61 of SBEEA 2015.
Commencement Information
I1Reg. 63 in force at 21.7.2016, see reg. 1(b)
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