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Regulation 32A The resolution periodF1

(1)

From the beginning of the resolution period to the end of the MRO procedure, the tied pub tenant and pub-owning business must seek to agree a tenancy or licence that is MRO-compliant and must seek to agree the rent or money in lieu of rent that is to be payable in respect of the occupation of the premises concerned under the proposed tenancy or licence.

(2)

In these Regulations the “resolution period” means the period which begins at the time specified in paragraph (3) or (7) and ends at the time specified in paragraphs (4) to (6).

(3)

Unless paragraph (7) applies, the resolution period begins 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

(b)

the day after the day on which the period of response ends.

(4)

The resolution period ends with the earliest of—

(a)

the period of 3 months beginning with the day on which the resolution period began;

(b)

the day on which the tied pub tenant communicates to the pub-owning business, in writing, a decision to accept a tenancy or licence proposed by the pub-owning business; or

(c)

the period specified in paragraph (6).

(5)

During the resolution period, the tied pub tenant may give notice in writing to the pub-owning business of the tenant’s intention to end the resolution period.

(6)

Where the tied pub tenant gives notice under paragraph (5), the resolution period ends with the later of the following—

(a)

the period of 7 days beginning with the day after the day on which the pub-owning business receives the notice; or

(b)

the period of 21 days after the day on which the resolution period began.

(7)

A new resolution period begins in the circumstances and at the time described in regulation 33(1) and (2) in relation to, respectively, a full response and a required full response, and, save for paragraph (3), the provisions in this regulation apply to such a period.

Annotations

Textual amendments

F1

Regs. 32A-32C inserted (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. 9 (with reg. 4)