Regulation 36 Appointment of the independent assessorI1

England and Wales

(1)

The Adjudicator must specify the criteria which a person must satisfy in order to be appointed as an independent assessor.

(2)

The following provisions of this regulation apply where a tied pub tenant has sent a notice to the pub-owning business under F1regulation 35(1).

(3)

The tenant and the pub-owning business must, within the period of 28 days beginning with the day on which the pub-owning business receives the tied pub tenant’s notice under regulation 35(1)—

(a)

jointly, appoint an independent assessor; or

(b)

notify the Adjudicator in writing of their failure to make the appointment.

(4)

Where the Adjudicator receives notification under paragraph (3)(b), the Adjudicator must, within 14 days of the notification—

(a)

appoint an assessor; and

(b)

notify the tenant and the pub-owning business of the appointment.

(5)

The pub-owning business and the tied pub tenant must pay, in equal shares, the fees charged by the independent assessor in connection with the determination of the market rent^f1.

Annotations

Textual amendments

F1: Words in reg. 36 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. 13 (with reg. 4)

Commencement

I1: Reg. 36 in force at 21.7.2016, see reg. 1(b)

Footnotes

f1: Section 43(10) of SBEEA 2015 defines “market rent”.