The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022

Substitution of regulation 33 (MRO procedure where a matter is referred to the Adjudicator in connection with the full response)

10.  For regulation 33 substitute—

“MRO procedure: referrals in respect of procedural or event disputes

33.— (1) Where—

(a) a matter is referred to the Adjudicator under regulation 32(2) (procedural or event dispute); and

(b) the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that no failure has occurred in connection with the full response,

the full response provided by the pub-owning business under regulation 29(3) or (4) is deemed to have been received by the tied pub tenant on the day of the Adjudicator’s or appointed person’s ruling, and in relation to a response provided under regulation 29(3) a new resolution period begins on the day after that day.

(2) Where—

(a) a matter is referred to the Adjudicator under regulation 32(2); and

(b) the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that the pub-owning business must provide a required full response to the tied pub tenant,

the pub-owning business must provide that required full response within the period of 21 days beginning with the day after the day of the Adjudicator’s or appointed person’s ruling or by such day as may be specified in the ruling, and a new resolution period begins on the day after the day on which the tenant receives the response.

(3) In these Regulations a “required full response” means a response which—

(a) is required by the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) under paragraph (2);

(b) includes the information mentioned in regulation 29(3)(a) and (d);

(c) includes the information mentioned in regulation 29(3)(b) or (c) (as the case may be); and

(d) complies with the requirement in regulation 29(5A).

MRO procedure: referrals in respect of disputes about MRO compliance etc.

33A.— (1) Where—

(a) a matter is referred to the Adjudicator under regulation 32C(1) (referral to the Adjudicator for MRO non-compliance, etc.); and

(b) the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that no failure has occurred in connection with a full response, updated full response or required full response,

that response is a revised response and is deemed to be received by the tied pub tenant on the day of the Adjudicator’s or appointed person’s ruling and no further referral may be made under paragraph (3).

(2) Where—

(a) a matter is referred to the Adjudicator under regulation 32C(1) (referral to the Adjudicator for MRO non-compliance, etc.); and

(b) the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that the pub-owning business must provide a revised response to the tied pub tenant,

the pub-owning business must provide a revised response within the period of 21 days beginning with the day after the day of the Adjudicator’s or appointed person’s ruling or by such day as may be specified in the ruling.

(3) Where—

(a) the pub-owning business has provided a revised response under paragraph (2) or (5) of this regulation; and

(b) the tied pub tenant considers that the proposed tenancy or licence is not MRO-compliant,

the tenant or the pub-owning business may refer the revised response to the Adjudicator within the period of 21 days beginning with the day after the day on which the revised response is received by the tied pub tenant.

(4) Where—

(a) a matter is referred to the Adjudicator under paragraph (3); and

(b) the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that no failure has occurred in connection with the revised response,

that response is a revised response and is deemed to be received by the tied pub tenant on the day of the Adjudicator’s or appointed person’s ruling and no further referral may be made under paragraph (3).

(5) Where—

(a) a matter is referred to the Adjudicator under paragraph (3); and

(b) the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that the pub-owning business must provide a revised response to the tied pub tenant,

the pub-owning business must provide that response within the period of 21 days beginning with the day after the day of the Adjudicator’s or appointed person’s ruling or by such day as may be specified in the ruling.

(6) A “revised response” under paragraph (2) or (5) must—

(a) include the information mentioned in regulation 29(3)(a) and (d);

(b) include the information mentioned in regulation 29(3)(b) or (c) (as the case may be); and

(c) comply with the requirement in regulation 29(5A).”.