OpenLegislation

The Pubs Code etc. Regulations 2016 in England

S.I. 2016/790 · Made 20 July 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2022.

Enterprise, England And Wales

Made 20th July 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. 32MRO response: procedural or event dispute
  39. 32AThe resolution period
  40. 32BThe updated full response
  41. 32CReferrals to the Adjudicator for MRO non-compliance, etc.
  42. 33MRO procedure: referrals in respect of procedural or event disputes
  43. 33AMRO procedure: referrals in respect of disputes about MRO compliance etc.
  44. 34The negotiation period Repealed
  45. 35Right to refer proposed MRO rent to the independent assessor
  46. Part 7: Market rent only option: independent assessor
  47. 36Appointment of the independent assessor
  48. 37Independent assessor: procedure
  49. 38MRO procedure where a referral is made to the Adjudicator in connection with the independent assessor
  50. Part 8: End of the MRO procedure
  51. 39End of the MRO procedure
  52. 40Disputes about rent etc payable during MRO procedure
  53. Part 9: Business development managers and compliance officers
  54. 41Business development managers
  55. 42Duty to appoint a compliance officer
  56. 43Annual compliance report
  57. 44Provisions of these Regulations which are not arbitrable
  58. Part 10: Miscellaneous
  59. 45Pub-owning business to notify Adjudicator and tied pub tenants of status under these Regulations
  60. 45APub-owning business to notify Adjudicator of circumstances giving rise to extended protection
  61. 46Insurance
  62. 47Gaming machines
  63. 48Blank template for profit and loss account
  64. 49Sale of freehold or long leasehold
  65. 50Tied pub tenant not to suffer detriment
  66. 51Flow monitoring devices
  67. Part 11: Extended protection under these Regulations
  68. 52Extended protection to last until the end of a tenancy
  69. 53Extended protection to last until a rent assessment is concluded
  70. Part 12: Exemptions from these Regulations
  71. 54Short agreements
  72. 55Pub franchise agreements
  73. 56The investment exception
  74. Part 13: Void or unenforceable terms
  75. 57Void or unenforceable terms of a tenancy or licence
  76. Part 14: Disputes
  77. 58Referrals to the Adjudicator in connection with the MRO procedure
  78. 59Referrals to the Adjudicator in connection with the independent assessor
  79. 60Arbitration commenced by pub-owning business
  80. 61Information required by the Adjudicator
  81. Part 15: Group undertakings
  82. 62Adjudicator’s determination during referral of a dispute
  83. 63Investigations by the Adjudicator
  84. 64Adjudicator’s determination in relation to UK businesses only
  85. Part 16: Transitional provisions
  86. 65Rent proposals
  87. 66Rent assessments
  88. 67Market rent only option: the MRO notice
  89. Part 17: Review
  90. 68Review of Parts 11 to 16
  91. Signature
  92. Schedule 1: Information specified for the purposes of a new agreement etc.
  93. 1Regulations and code of practice
  94. 2Paragraph 2
  95. 3The type of tenancy or licence
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. 9Paragraph 9
  102. 10The premises
  103. 11Paragraph 11
  104. 12Maintenance and repair
  105. 13Paragraph 13
  106. 14Paragraph 14
  107. 15Paragraph 15
  108. 16Paragraph 16
  109. 17Paragraph 17
  110. 18Paragraph 18
  111. 19Paragraph 19
  112. 20Obligations in relation to the purchase of tied products and services
  113. 21Assignment
  114. 22Advice and support
  115. 23Paragraph 23
  116. 24Paragraph 24
  117. 25Paragraph 25
  118. 26Insurance
  119. 27Paragraph 27
  120. 28Payment of rent and deposits
  121. 29Paragraph 29
  122. 30Paragraph 30
  123. 31Paragraph 31
  124. 32Paragraph 32
  125. 33Additional information where new agreement is a pub franchise agreement
  126. 34Other obligations
  127. 35Breaches
  128. 36Paragraph 36
  129. 37Paragraph 37
  130. Schedule 2: Information specified for the purposes of a rent proposal or a rent assessment proposal
  131. 1Paragraph 1
  132. 2Paragraph 2
  133. 3Paragraph 3
  134. 4Paragraph 4
  135. 5Paragraph 5
  136. 6Paragraph 6
  137. 7Paragraph 7
  138. 8Paragraph 8
  139. 9Paragraph 9
  140. 10Paragraph 10
  141. 11Paragraph 11
  142. 12Paragraph 12
  143. Schedule 3: Documents to which the independent assessor must have regard
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. Explanatory note