Tied Pubs (Scotland) Act 2021
| Jurisdiction | Scotland |
| Citation | 2021 asp 17 |
| Year | 2021 |
(1) The Scottish Ministers must, by regulations, impose requirements and restrictions on pub-owning businesses in connection with tied pubs.(2) Schedule 1 makes provision about the exercise of the power conferred by this section.(1) The office of Scottish Pubs Code Adjudicator is established.(2) Schedule 2 makes provision about the office.(1) The Scottish Ministers must use their best endeavours to exercise the power conferred by section 1 consistently with the regulatory principles.(2) The adjudicator must use its best endeavours to carry out the adjudicator's functions consistently with the regulatory principles.the principle of fair and lawful dealing by pub-owning businesses in relation to their tied-pub tenants,the principle that tied-pub tenants should not be worse off than they would be if they were subject to neither a product tie nor a service tie,the principle that any agreement between a pub-owning business and a tied-pub tenant should fairly share the risks and rewards amongst the parties.(4) In subsection (3) (b) , “product tie” and “service tie” have the meaning given to them in paragraph 5(4) of schedule 1.lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations under section 1, andappoint a person to the office of Scottish Pubs Code Adjudicator.(2) For the avoidance of doubt, subsection (1) does not require the Scottish Ministers to do both of those things on the same day.(3) If the Scottish Parliament approves the draft instrument laid before it in accordance with subsection (1) (a) , the Scottish Ministers must make the regulations contained in the draft instrument.made regulations under section 1, andappointed a person to the office of Scottish Pubs Code Adjudicator,the operation of the code, andthe adjudicator's performance,make the report publicly available, andlay a copy of the report before the Scottish Parliament.the extent to which the code is consistent with the regulatory principles set out in section 3,whether the code could be modified to reflect those principles more fully.must consider how effective the adjudicator has been in enforcing the code,may consider whether it would be desirable to modify any regulations under section 10 or 17,may consider any other matter the Ministers consider appropriate.begins on 1 April in the calendar year that the preceding review period ended, andends on 31 March in the calendar year falling 3 years after it began.begins on the day that section 2 comes into force, andends on 31 March in the calendar year falling 2 years after it began.(1) As a result of the findings of a review under section 5, the Scottish Ministers may give guidance to the adjudicator about any matter relating to the functions of the adjudicator.(2) In carrying out the functions of the adjudicator, the adjudicator must take any guidance given under subsection (1) into account.A term of an agreement between a pub-owning business and a tied-pub tenant is unenforceable by the business if the code provides that a pub-owning business is prohibited from enforcing a term of that kind. (1) The adjudicator may investigate a pub-owning business's compliance with the code if the adjudicator has reasonable grounds to suspect that the business has failed to comply with the code.(2) The adjudicator may not carry out an investigation until the statement required by section 13 has been made publicly available.(1) If, having carried out an investigation, the adjudicator is satisfied that a pub-owning business has failed to comply with the code, the adjudicator may take one or more of the enforcement actions mentioned in subsection (2) .directing the business to do, or stop doing, something specified in order to comply with the code,directing the business to publish specified information relating to the investigation in a specified manner by a specified deadline,imposing a financial penalty on the business.(3) If the adjudicator gives a direction under paragraph (a) or (b) of subsection (2) , the adjudicator must
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