EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Scottish Pubs Code Regulations 2024 and the Tied Pubs (Fees and Financial Penalties) (Scotland) Regulations 2024 and come into force on 6 October 2024.

Regulation 2(2) amends the coming into force date of the Scottish Pubs Code Regulations 2024 (“the Code”) from 7 October 2024 to 31 March 2025. Regulation 2(3) to (5) make some minor corrections to regulations 10,15 and 16 of the Code.

Regulation 2 also amends regulation 17(10) of the Code to correct a minor error. Regulation 17 of the Code sets out the process under which a pub-owning business and a tied-pub tenant are to agree a market rent only lease. This amendment clarifies that if the tenant does not accept an offer of an MRO lease within 2 weeks of receiving the offer, then the rent assessment period comes to an end.

Regulation 3(2) amends the coming into force date of the Tied Pubs (Fees and Financial Penalties) (Scotland) Regulations 2024 from 7 October 2024 to 31 March 2025. Regulation 3(3) amends regulation 4(2) of those Regulations to correct a minor error.

No impact assessments have been prepared for these Regulations, since they correct minor errors or make minor clarifications, and no, or no significant, impact on the private, voluntary, or public sector is foreseen.