- Latest available (Revised)
- Point in Time (21/07/2016)
- Original (As enacted)
Point in time view as at 21/07/2016.
There are currently no known outstanding effects for the Small Business, Enterprise and Employment Act 2015, Cross Heading: Arbitration by Adjudicator.
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.
(1)In accordance with the following provisions of this section and section 49, a tied pub tenant may refer a dispute between the tenant and the pub-owning business concerned to the Adjudicator for arbitration.
(2)If the Pubs Code specifies that particular provisions of the Pubs Code are arbitrable, a dispute may be referred to the Adjudicator only to the extent that it relates to an allegation by the tenant that the pub-owning business has failed to comply with an arbitrable provision of the Pubs Code.
(3)If the Pubs Code specifies that particular provisions of the Pubs Code are not arbitrable, a dispute may be referred to the Adjudicator only to the extent that it relates to an allegation by the tenant that the pub-owning business has failed to comply with any other provision of the Pubs Code.
(4)If the Pubs Code does not specify whether any of its provisions are arbitrable or not arbitrable, a dispute may be referred to the Adjudicator only to the extent that it relates to an allegation by the tenant that the pub-owning business has failed to comply with any provision of the Pubs Code.
(5)Where a dispute is referred for arbitration under this section, the Adjudicator must either—
(a)arbitrate the dispute, or
(b)appoint another person to arbitrate the dispute.
Commencement Information
I1S. 48 in force at 21.7.2016 by S.I. 2016/532, reg. 3
(1)This section makes provision as to the period within which a tied pub tenant may refer a dispute to the Adjudicator in accordance with section 48.
(2)Except in the case mentioned in subsection (3), the dispute may not be referred until after the expiry of the period of 21 days beginning with the date on which the tenant notifies the pub-owning business of the alleged non-compliance.
(3)Where the Pubs Code requires a pub-owning business to provide a parallel rent assessment within a period of time specified by the Adjudicator, a dispute which relates to an allegation that the pub-owning business has failed to comply with that requirement may not be referred until the day after the day on which the specified period ends.
(4)In all cases, a dispute may not be referred after the expiry of the period of 4 months beginning with the first date on which the dispute could have been referred.
Commencement Information
I2S. 49 in force at 21.7.2016 by S.I. 2016/532, reg. 3
(1)This section applies where—
(a)there is an arbitration agreement between a tied pub tenant and a pub-owning business, and
(b)the business commences arbitral proceedings about a matter which is, or which includes, a Pubs Code dispute between the business and the tenant.
(2)In this section a “Pubs Code dispute” means a dispute—
(a)which relates to an allegation by the tied pub tenant that the pub-owning business has failed to comply with a provision of the Pubs Code, and
(b)which the tenant would have been able to refer for arbitration by the Adjudicator in accordance with section 48 (were it not for the commencement of arbitral proceedings by the business).
(3)Subsection (4) applies where—
(a)in accordance with the arbitration agreement, the Adjudicator is appointed to arbitrate the Pubs Code dispute, or
(b)the tied pub tenant wishes the Adjudicator to be appointed to arbitrate that dispute, and has given notice to that effect in accordance with subsections (5) to (7).
(4)The Adjudicator must either—
(a)arbitrate the Pubs Code dispute, or
(b)appoint another person to arbitrate that dispute.
(5)Notice under subsection (3)(b) must be given in writing to—
(a)the pub-owning business, and
(b)the Adjudicator.
(6)In a case where the arbitration agreement provides for the arbitrator to be appointed by a person other than the pub-owning business or the tied pub tenant, notice under subsection (3)(b) must be given within 21 days beginning with the date on which that person notifies the tenant of the person proposed to be appointed as arbitrator.
(7)In any other case, notice under subsection (3)(b) must be given within 21 days beginning with the date on which arbitral proceedings commenced.
(8)Section 14 of the Arbitration Act 1996 makes provision about the commencement of arbitral proceedings.
Commencement Information
I3S. 50 in force at 21.7.2016 by S.I. 2016/532, reg. 3
(1)Subsection (2) applies where a tied pub tenant—
(a)refers a dispute to the Adjudicator under section 48, or
(b)gives notice as mentioned in section 50(3)(b) that the tenant wishes the Adjudicator to be appointed to arbitrate a dispute.
(2)The tenant must pay a fee to the Adjudicator of an amount prescribed in regulations made by the Secretary of State (except in specified cases as mentioned in subsection (3)(b)).
(3)The regulations may make further provision as to the fee, and may in particular—
(a)specify when the fee must be paid,
(b)specify cases in which the tenant is not required to pay the fee,
(c)specify cases in which the fee is to be refunded to the tenant.
(4)The following subsections apply in all cases where the Adjudicator or a person appointed by the Adjudicator arbitrates a dispute.
(5)Except where this Part makes different provision, the arbitration must be conducted in accordance with—
(a)the rules regarding arbitrations issued from time to time by the Chartered Institute of Arbitrators, or
(b)the rules of another dispute resolution body nominated by the arbitrator.
(6)The pub-owning business concerned must pay the reasonable fees and expenses of the arbitrator in respect of the arbitration, except where—
(a)the arbitration follows a referral by the tenant under section 48, and
(b)the arbitrator concludes that the referral was vexatious.
(7)The Secretary of State may by regulations make provision in relation to the costs payable by a tied pub tenant in respect of the arbitration, and the regulations may in particular—
(a)provide that those costs are limited to an amount prescribed in, or to be determined in accordance with, the regulations, and
(b)specify circumstances in which the arbitrator may make an award requiring the tenant to pay costs exceeding that amount.
Commencement Information
I4S. 51 in force at 6.4.2016 for specified purposes by S.I. 2016/321, reg. 4(c)
I5S. 51 in force at 21.7.2016 in so far as not already in force by S.I. 2016/532, reg. 3
(1)If the Adjudicator appoints another person as arbitrator under section 48(5)(b) or 50(4)(b), the Adjudicator may require the arbitrator, or the pub-owning business and tied pub tenant concerned, to provide information to assist the Adjudicator in carrying out functions under this Part.
(2)The Adjudicator may enforce the requirement to provide information by bringing civil proceedings to obtain an injunction.
Commencement Information
I6S. 52 in force at 21.7.2016 by S.I. 2016/532, reg. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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 government department responsible for the subject matter of the Act 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: