Regulation 33A MRO procedure: referrals in respect of disputes about MRO compliance etc.F1
Where—
a matter is referred to the Adjudicator under regulation 32C(1) (referral to the Adjudicator for MRO non-compliance, etc.); and
the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that no failure has occurred in connection with a full response, updated full response or required full response,
that response is a revised response and is deemed to be received by the tied pub tenant on the day of the Adjudicator’s or appointed person’s ruling and no further referral may be made under paragraph (3).
Where—
a matter is referred to the Adjudicator under regulation 32C(1) (referral to the Adjudicator for MRO non-compliance, etc.); and
the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that the pub-owning business must provide a revised response to the tied pub tenant,
the pub-owning business must provide a revised response within the period of 21 days beginning with the day after the day of the Adjudicator’s or appointed person’s ruling or by such day as may be specified in the ruling.
Where—
the pub-owning business has provided a revised response under paragraph (2) or (5) of this regulation; and
the tied pub tenant considers that the proposed tenancy or licence is not MRO-compliant,
the tenant or the pub-owning business may refer the revised response to the Adjudicator within the period of 21 days beginning with the day after the day on which the revised response is received by the tied pub tenant.
Where—
a matter is referred to the Adjudicator under paragraph (3); and
the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that no failure has occurred in connection with the revised response,
that response is a revised response and is deemed to be received by the tied pub tenant on the day of the Adjudicator’s or appointed person’s ruling and no further referral may be made under paragraph (3).
Where—
a matter is referred to the Adjudicator under paragraph (3); and
the Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) rules that the pub-owning business must provide a revised response to the tied pub tenant,
the pub-owning business must provide that response within the period of 21 days beginning with the day after the day of the Adjudicator’s or appointed person’s ruling or by such day as may be specified in the ruling.
A “revised response” under paragraph (2) or (5) must—
include the information mentioned in regulation 29(3)(a) and (d);
include the information mentioned in regulation 29(3)(b) or (c) (as the case may be); and
comply with the requirement in regulation 29(5A).
Annotations
Textual amendments
- F1
Regs. 33, 33A substituted for reg. 33 (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. 10 (with reg. 4)