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The Pubs Code etc. Regulations 2016 in Scotland

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111147481

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This draft statutory instrument supersedes the draft of the same title which was laid before Parliament and published on 14th April 2016 (ISBN 9780111146330). It is being issued free of charge to all known recipients of that draft.

Draft Regulations laid before Parliament under sections 73(1) and 161(4) of the Small Business, Enterprise and Employment Act 2015, for approval by resolution of each House of Parliament.

Enterprise, England And Wales

Made 2016

Coming into force in accordance with regulation 1(b)

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 42(1) and (4), 43(1), (3) and (5) to (9), 44, 45, 47(1) to (3), 48(3), 69(6) and (8)(b), 71(1)(a) and (2) and 161(2) of the Small Business, Enterprise and Employment Act 2015f1.

In accordance with sections 73(1) and 161(4) of the Small Business, Enterprise and Employment Act 2015, a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2015 c.26.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2General interpretation
  4. 3Significant increase in price: beer
  5. 4Significant increase in price: alcoholic drink other than beer
  6. 5Significant increase in price: products other than alcoholic drink
  7. 6Significant increase in price: services
  8. 7Trigger events
  9. 8Periods of time
  10. Part 2: Duties of pub-owning businesses in their dealings with their tied pub tenants: general
  11. 9Pubs entry training
  12. 10A sustainable business plan
  13. 11The required information
  14. 12Duty of pub-owning business where tenant intends to assign the tenancy
  15. 13Premises
  16. 14Short agreements
  17. Part 3: Duties of pub-owning businesses in their dealings with their tied pub tenants: rent proposals
  18. 15Duty to provide a rent proposal
  19. 16Contents of the rent proposal
  20. 17When the rent proposal must be provided
  21. 18Further information and advice in relation to the rent proposal
  22. Part 4: Duties of pub-owning businesses in their dealings with their tied pub tenants: rent assessments
  23. 19Duty to conduct a rent assessment or an assessment of money payable in lieu of rent
  24. 20The rent assessment proposal
  25. 21Conduct of the rent assessment or the assessment of money payable in lieu of rent
  26. 22Effect of the rent assessment or the assessment of money payable in lieu of rent
  27. Part 5: Market rent only option: MRO notice
  28. 23The MRO notice
  29. 24A significant increase in the price of a product or service
  30. 25A trigger event
  31. 26The renewal of a pub arrangement
  32. 27A rent assessment or an assessment of money payable in lieu of rent
  33. Part 6: Market rent only option: procedure to be followed in connection with an offer
  34. 28Arrangements during the MRO procedure: rent etc
  35. 29Effect of tenant’s notice
  36. 30Terms and conditions required in proposed MRO tenancy
  37. 31Terms and conditions regarded as unreasonable in relation to proposed MRO tenancy etc
  38. 32Failure to acknowledge the tenant’s notice, provide a full response etc.
  39. 33MRO procedure where a matter is referred to the Adjudicator in connection with the full response
  40. 34The negotiation period
  41. 35Failure to agree: right to refer to the Adjudicator or independent assessor
  42. Part 7: Market rent only option: independent assessor
  43. 36Appointment of the independent assessor
  44. 37Independent assessor: procedure
  45. 38MRO procedure where a referral is made to the Adjudicator in connection with the independent assessor
  46. Part 8: End of the MRO procedure
  47. 39End of the MRO procedure
  48. 40Disputes about rent etc payable during MRO procedure
  49. Part 9: Business development managers and compliance officers
  50. 41Business development managers
  51. 42Duty to appoint a compliance officer
  52. 43Annual compliance report
  53. 44Provisions of these Regulations which are not arbitrable
  54. Part 10: Miscellaneous
  55. 45Pub-owning business to notify Adjudicator and tied pub tenants of status under these Regulations
  56. 46Insurance
  57. 47Gaming machines
  58. 48Blank template for profit and loss account
  59. 49Sale of freehold or long leasehold
  60. 50Tied pub tenant not to suffer detriment
  61. 51Flow monitoring devices
  62. Part 11: Extended protection under these Regulations
  63. 52Extended protection to last until the end of a tenancy
  64. 53Extended protection to last until a rent assessment is concluded
  65. Part 12: Exemptions from these Regulations
  66. 54Short agreements
  67. 55Pub franchise agreements
  68. 56The investment exception
  69. Part 13: Void or unenforceable terms
  70. 57Void or unenforceable terms of a tenancy or licence
  71. Part 14: Disputes
  72. 58Referrals to the Adjudicator in connection with the MRO procedure
  73. 59Referrals to the Adjudicator in connection with the independent assessor
  74. 60Arbitration commenced by pub-owning business
  75. 61Information required by the Adjudicator
  76. Part 15: Group undertakings
  77. 62Adjudicator’s determination during referral of a dispute
  78. 63Investigations by the Adjudicator
  79. 64Adjudicator’s determination in relation to UK businesses only
  80. Part 16: Transitional provisions
  81. 65Rent proposals
  82. 66Rent assessments
  83. 67Market rent only option: the MRO notice
  84. Part 17: Review
  85. 68Review of Parts 11 to 16
  86. Signature
  87. Schedule 1: Information specified for the purposes of a new agreement etc.
  88. 1Regulations and code of practice
  89. 2Regulations and code of practice
  90. 3The type of tenancy or licence
  91. 4The type of tenancy or licence
  92. 5The type of tenancy or licence
  93. 6The type of tenancy or licence
  94. 7The type of tenancy or licence
  95. 8The type of tenancy or licence
  96. 9The type of tenancy or licence
  97. 10The premises
  98. 11The premises
  99. 12Maintenance and repair
  100. 13Maintenance and repair
  101. 14Maintenance and repair
  102. 15Maintenance and repair
  103. 16Maintenance and repair
  104. 17Maintenance and repair
  105. 18Maintenance and repair
  106. 19Maintenance and repair
  107. 20Obligations in relation to the purchase of tied products and services
  108. 21Assignment
  109. 22Advice and support
  110. 23Advice and support
  111. 24Advice and support
  112. 25Advice and support
  113. 26Insurance
  114. 27Insurance
  115. 28Payment of rent and deposits
  116. 29Payment of rent and deposits
  117. 30Payment of rent and deposits
  118. 31Payment of rent and deposits
  119. 32Payment of rent and deposits
  120. 33Additional information where new agreement is a pub franchise agreement
  121. 34Other obligations
  122. 35Breaches
  123. 36Breaches
  124. 37Breaches
  125. Schedule 2: Information specified for the purposes of a rent proposal or a rent assessment proposal
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. 5Paragraph 5
  131. 6Paragraph 6
  132. 7Paragraph 7
  133. 8Paragraph 8
  134. 9Paragraph 9
  135. 10Paragraph 10
  136. 11Paragraph 11
  137. 12Paragraph 12
  138. Schedule 3: Documents to which the independent assessor must have regard
  139. 1Paragraph 1
  140. 2Paragraph 2
  141. 3Paragraph 3
  142. 4Paragraph 4
  143. Explanatory note