- Latest available (Revised)
- Original (As enacted)
Tied Pubs (Scotland) Act 2021
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Tied Pubs (Scotland) Act 2021,
Part 5
is up to date with all changes known to be in force on or before 26 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 14(4)(5) inserted by S.S.I. 2024/189 art. 2(3)
Part 5 SAppointment and terms and conditions
AppointmentS
20(1)The adjudicator is to be appointed by the Scottish Ministers.S
(2)In deciding whom to appoint, the Scottish Ministers must have particular regard to the importance of the adjudicator being impartial in balancing the interests of pub-owning businesses and tied-pub tenants.
(3)The Scottish Ministers may not appoint a person unless the Scottish Parliament has, by resolution, approved the Ministers doing so.
(4)The Scottish Ministers may not appoint the same individual to the office on more than 3 occasions.
Commencement Information
I1Sch. 2 para. 20 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)
TenureS
21(1)A person holds the office of Scottish Pubs Code Adjudicator until—S
(a)the end of the period of appointment,
(b)the person resigns by giving written notice to the Scottish Ministers,
(c)the Scottish Ministers remove the person from the office on any of the following grounds—
(i)the person is unable, unwilling or unfit to perform the functions of the office,
(ii)there was a defect in the person's appointment to the office,
(iii)the person was appointed to the office on the basis that the person held, and would continue to hold, another office or position and the person has ceased to hold that office or position.
(2)In sub-paragraph (1)(a), “the period of appointment” means the period specified by the Scottish Ministers on appointing the person to the office.
(3)When appointing a person to the office the Scottish Ministers—
(a)must specify a period of appointment,
(b)may not specify a period of appointment that is longer than—
(i)4 years beginning with the day that the appointment takes effect, if it is the first time the person has been appointed to the office, or
(ii)3 years beginning with the day that the appointment takes effect, if the person has previously been appointed to the office.
Commencement Information
I2Sch. 2 para. 21 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)
Defect in appointmentS
22(1)A person's appointment to the office of Scottish Pubs Code Adjudicator is not void on account of any defect in the appointment.S
(2)If it comes to the Scottish Ministers' attention that there was a defect in the person's appointment to the office, the Scottish Ministers must remove the person from the office as soon as reasonably practicable.
(3)Sub-paragraph (4) applies to an appointment to the office in the event that—
(a)the appointment is a re-appointment of an individual who was removed from the office in accordance with sub-paragraph (2), and
(b)no other person has been appointed to the office in the period between the individual's removal and re-appointment.
(4)If this sub-paragraph applies to an appointment—
(a)the appointment is not to be counted for the purpose of paragraph 20(4), and
(b)the maximum period of appointment that the Scottish Ministers may specify is whatever was left of the individual's last period of appointment immediately before the individual was removed from the office.
(5)For the purpose of sub-paragraph (4)(b), if the defect in the person's last appointment to the office was that a longer period of appointment was specified than paragraph 21(3)(b) permits, the last specified period of appointment is to be treated as the maximum permitted period.
Commencement Information
I3Sch. 2 para. 22 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)
RemunerationS
23SThe adjudicator may, in accordance with a determination by the Scottish Ministers, pay to, or in respect of, the person holding the office of Scottish Pubs Code Adjudicator—
(a)remuneration,
(b)allowances (including expenses),
(c)sums by way of, or in respect of, pensions.
Commencement Information
I4Sch. 2 para. 23 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)
Other terms and conditionsS
24SThe Scottish Ministers may determine the terms and conditions of the adjudicator in relation to matters not covered by this schedule.
Commencement Information
I5Sch. 2 para. 24 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Schedule
PrintThis Part only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.