PART 6Market rent only option: procedure to be followed in connection with an offer
F1MRO procedure: referrals in respect of procedural or event disputes33.
(1)
Where—
(a)
a matter is referred to the Adjudicator under regulation 32(2) (procedural or event dispute); and
(b)
the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that no failure has occurred in connection with the full response,
the full response provided by the pub-owning business under regulation 29(3) or (4) is deemed to have been received by the tied pub tenant on the day of the Adjudicator’s or appointed person’s ruling, and in relation to a response provided under regulation 29(3) a new resolution period begins on the day after that day.
(2)
Where—
(a)
a matter is referred to the Adjudicator under regulation 32(2); and
(b)
the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that the pub-owning business must provide a required full response to the tied pub tenant,
the pub-owning business must provide that required full response within the period of 21 days beginning with the day after the day of the Adjudicator’s or appointed person’s ruling or by such day as may be specified in the ruling, and a new resolution period begins on the day after the day on which the tenant receives the response.
(3)
In these Regulations a “required full response” means a response which—
(a)
is required by the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) under paragraph (2);
(b)
includes the information mentioned in regulation 29(3)(a) and (d);
(c)
includes the information mentioned in regulation 29(3)(b) or (c) (as the case may be); and
(d)
complies with the requirement in regulation 29(5A).