Tied Pubs (Scotland) Act 2021
Tied Pubs (Scotland) Act 2021 (2021 asp 17)
- Tied Pubs (Scotland) Act 2021 (2021 asp 17)
- Part 1 The Code and the adjudicator
- 1 Scottish Pubs Code
- 2 Scottish Pubs Code Adjudicator
- 3 Duty to act consistently with regulatory principles
- 4 Scottish Ministers' duty to seek to make code and appoint adjudicator
- 5 Review of the code and adjudicator's performance
- 6 Ministerial guidance to the adjudicator
- Part 2 Giving effect to the code
- Agreements that are inconsistent with the code
- 7 Unenforceability of contract terms
- Investigation by the adjudicator
- 8 Power to investigate
- 9 Enforcement action
- 10 Financial penalties under section 9
- 11 Investigation report
- 12 Recovery of investigation costs
- 13 Investigation policy
- Arbitration
- 14 Adjudicator's duty to arbitrate or appoint arbitrator
- 15 Submission of dispute to adjudicator
- 16 Liability for arbitrator's reasonable fees and expenses
- 17 Further fees and expenses payable to the adjudicator
- 18 Information about arbitration
- Avoidance
- 19 Reports on avoidance
- Part 3 Interpretation
- 20 Tied pub
- 21 Pub-owning business and tied-pub tenant
- 22 Other expressions
- Part 4 Final provisions
- 23 Ancillary provision
- 24 Regulation-making powers
- 25 Commencement
- 26 Short title
- Schedule 1 The Scottish Pubs Code
- Requirement to provide information
- Requirement to comply with adjudicator's directions following an investigation
- Restriction on enforcing certain terms of agreement
- Requirement to offer guest beer agreement
- Requirement to offer market rent only lease
- Market rent only lease: further provision
- Generality of enabling power unaffected
- Schedule 2 Scottish Pubs Code Adjudicator
- Part 1 Status and liability
- Legal personality
- Exclusion of Crown Status
- Exemption from liability for damages
- Part 2 Powers
- Chapter 1 Power to require information
- Imposition of requirement
- Offence of failing to comply with requirement
- Offence of providing false information
- Chapter 2 Other powers
- Power to advise on the code
- Power to issue guidance
- General powers
- Part 3 Funding and other support
- Chapter 1 Assistance from the Scottish Ministers
- Loans
- Other assistance
- Chapter 2 Levy funding
- Annual levy on pub-owning businesses
- Amount of levy
- Liability to pay
- Rebate
- Appeals
- Part 4 Accountability
- Accounts and audit
- Annual report
- Information to Scottish Ministers
- Part 5 Appointment and terms and conditions
- Appointment
- Tenure
- Defect in appointment
- Remuneration
- Other terms and conditions
- Part 6 Staff
- Secondees