- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Tied Pubs (Scotland) Act 2021, Part 5 .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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)
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)
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)
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)
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)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: 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.
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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
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.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys