PART 4The Pubs Code Adjudicator and the Pubs Code
Supplementary
71Power to grant exemptions from Pubs Code
1
The Secretary of State may by regulations provide that the Pubs Code does not, or specified provisions of the Pubs Code do not, apply in relation to—
a
the dealings of pub-owning businesses—
i
with tied pub tenants of a specified description, or
ii
in relation to tied pubs of a specified description;
b
the dealings of a specified pub-owning business or pub-owning businesses of a specified description—
i
with their tied pub tenants or tied pub tenants of a specified description, or
ii
in relation to their tied pubs or tied pubs of a specified description.
2
Regulations under subsection (1) may, in particular, specify a description of pub-owning businesses or tied pub tenants by reference to—
a
the nature of the tenancy or licence, or
b
the nature of any other contractual agreement entered (or to be entered) into by the tied pub tenant with the pub-owning business, or a person nominated by that business, in connection with the tenancy or licence.
3
The regulations may provide for circumstances in which a tied pub of a specified description is to be disregarded for the purposes of determining under section 69 whether a person is a pub-owning business.
4
In this section “specified” means specified in regulations.