Tied Pubs (Scotland) Act 2021

Part 1The Code and the adjudicator

1Scottish Pubs Code

2Scottish Pubs Code Adjudicator

3Duty to act consistently with regulatory principles

4Scottish Ministers' duty to seek to make code and appoint adjudicator

5Review of the code and adjudicator's performance

6Ministerial guidance to the adjudicator

Part 2Giving effect to the code

Agreements that are inconsistent with the code

7Unenforceability of contract terms

Investigation by the adjudicator

8Power to investigate

9Enforcement action

10Financial penalties under section 9

11Investigation report

12Recovery of investigation costs

13Investigation policy

14Adjudicator's duty to arbitrate or appoint arbitrator

15Submission of dispute to adjudicator

16Liability for arbitrator's reasonable fees and expenses

17Further fees and expenses payable to the adjudicator

18Information about arbitration

19Reports on avoidance

Part 3Interpretation

21Pub-owning business and tied-pub tenant

22Other expressions

Part 4Final provisions

23Ancillary provision

24Regulation-making powers

Schedule 1The Scottish Pubs Code

Requirement to provide information

1(1) The code may require pub-owning businesses to produce information...

Requirement to comply with adjudicator's directions following an investigation

2The code must provide that a pub-owning business is required...

Restriction on enforcing certain terms of agreement

3(1) The code— (a) must provide that a pub-owning business...

Requirement to offer guest beer agreement

4(1) The code must require a pub-owning business to offer...

Requirement to offer market rent only lease

5(1) The code must require a pub-owning business—

Market rent only lease: further provision

6In describing the procedure mentioned in paragraph 5(2)(a), the code...

Generality of enabling power unaffected

7Nothing in this schedule is to be taken to limit...

Schedule 2Scottish Pubs Code Adjudicator

Part 1Status and liability

Legal personality

1The adjudicator is, as such, to be regarded as a...

Exclusion of Crown Status

2(1) The adjudicator— (a) is not a servant or agent...

Exemption from liability for damages

3(1) The following are exempt from liability in damages for...

Chapter 1Power to require information

Imposition of requirement

4(1) The adjudicator may, for a purpose mentioned in sub-paragraph...

Offence of failing to comply with requirement

5(1) A person commits an offence if—

Offence of providing false information

6(1) A person commits an offence if, in response to...

Chapter 2Other powers

Power to advise on the code

7The adjudicator may give any person advice on any matter...

Power to issue guidance

8(1) The adjudicator may prepare and make publicly available guidance...

9The adjudicator may do anything which appears to the adjudicator...

Part 3Funding and other support

Chapter 1Assistance from the Scottish Ministers

10The Scottish Ministers may— (a) give loans to the adjudicator,...

Other assistance

11The Scottish Ministers may provide staff, premises, facilities or other...

Chapter 2Levy funding

Annual levy on pub-owning businesses

12(1) The adjudicator may impose a levy in respect of...

13(1) The rate at which a person is to be...

Liability to pay

14(1) A person is liable to pay the adjudicator the...

15(1) If, having collected the levy in respect of a...

16A person on whom a levy is imposed under paragraph...

Part 4Accountability

Accounts and audit

17(1) The adjudicator must— (a) keep proper accounts and accounting...

18(1) The adjudicator must, after each financial year—

Information to Scottish Ministers

19The adjudicator must provide the Scottish Ministers with any information...

Part 5Appointment and terms and conditions

20(1) The adjudicator is to be appointed by the Scottish...

21(1) A person holds the office of Scottish Pubs Code...

Defect in appointment

22(1) A person's appointment to the office of Scottish Pubs...

23The adjudicator may, in accordance with a determination by the...

Other terms and conditions

24The Scottish Ministers may determine the terms and conditions of...

25(1) The adjudicator may make arrangements for persons to be...

Tied Pubs (Scotland) Act 2021

2021 asp 17

An Act of the Scottish Parliament to establish a Scottish Pubs Code to govern the relationship between tenants and owners of tied pubs; to establish the office of Scottish Pubs Code Adjudicator; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd March 2021 and received Royal Assent on 5th May 2021