Regulation 32 MRO response: procedural or event disputeF1

England and Wales

(1)

This regulation applies where a pub-owning business has received an MRO notice.

(2)

Where there is a procedural or event dispute the tenant or pub-owning business may refer the matter to the Adjudicator.

(3)

Paragraph (4) applies where the tied pub tenant or the pub-owning business intends to make a referral under paragraph (2).

(4)

Before the referral is made the tenant, or, as the case may be, the pub-owning business must notify the other, in writing, of that intention.

(5)

A referral under paragraph (2) must be made within the period of 14 days beginning with the earlier of—

(a)

the day after the day on which the tied pub tenant receives a full response under regulation 29(3) or (4) (whether or not regulation 29(5A) is complied with); or

(b)

the day after the end of the period of response.

(6)

In these Regulations a “procedural or event dispute” is, subject to paragraph (7), where—

(a)

the pub-owning business does not send a full response under regulation 29(3) or (4) within the period of response;

(b)

the tied pub tenant considers that the pub-owning business’s full response does not comply with the other requirements of regulation 29; or

(c)

the tied pub tenant disagrees with the pub-owning business’s reasons under regulation 29(4)(b).

(7)

A procedural or event dispute does not include a situation where the tied pub tenant considers that a proposed tenancy or licence in the full response is not MRO-compliant.

Annotations

Textual amendments

F1: Reg. 32 substituted (1.4.2022) by The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022 (S.I. 2022/341), reg. 1(1), Sch. 2 para. 8 (with reg. 4)