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The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2021

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Substitution of regulation 32 (MRO response: procedural or event dispute)

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8.  For regulation 32 substitute—

MRO response: procedural or event dispute

32.(1) This regulation applies where a pub-owning business has received an MRO notice.

(2) Where there is a procedural or event dispute the tenant or pub-owning business may refer the matter to the Adjudicator.

(3) Paragraph (4) applies where the tied pub tenant or the pub-owning business intends to make a referral under paragraph (2).

(4) Before the referral is made the tenant, or, as the case may be, the pub-owning business must notify the other, in writing, of that intention.

(5) A referral under paragraph (2) must be made within the period of 14 days beginning with the earlier of—

(a)the day after the day on which the tied pub tenant receives a full response under regulation 29(3) or (4) (whether or not regulation 29(5A) is complied with); or

(b)the day after the end of the period of response.

(6) In these Regulations a “procedural or event dispute” is, subject to paragraph (7), where—

(a)the pub-owning business does not send a full response under regulation 29(3) or (4) within the period of response;

(b)the tied pub tenant considers that the pub-owning business’s full response does not comply with the other requirements of regulation 29; or

(c)the tied pub tenant disagrees with the pub-owning business’s reasons under regulation 29(4)(b).

(7) A procedural or event dispute does not include a situation where the tied pub tenant considers that a proposed tenancy or licence in the full response is not MRO-compliant..

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