- Draft legislation
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8. For regulation 32 substitute—
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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