Article 5
This article applies, except as provided in paragraph (4) below, to any agreement which is, or has the effect of, a lease or a licence and under which a brewer who holds interests in more than two thousand licensed premises or a member of a large brewery group permits another person not a member of the same group to occupy licensed premises other than a notified tied house, and to any agreement relating to any such agreement.
Subject to article 8 below—
the parties to any agreement to which this article applies made before 1st November 1992 shall terminate it before that date to the extent that it precludes or restricts relevant purchases; and
it shall be unlawful on and after 1st November 1992 for any person to make or carry out an agreement to which this article applies except to the extent that it does not preclude or restrict any relevant purchase.
For the purposes of this article, an agreement under which one person permits another to occupy premises and which does not preclude use of those premises as licensed premises shall be regarded as an agreement under which one person permits another to occupy licensed premises.
This article does not apply to an agreement made before 1st November 1992 if immediately before that date no party to it is any longer a brewer who holds interests in more than two thousand licensed premises or a member of large brewery group unless subsequently a party to it becomes or, as the case may be, becomes again such a brewer or a member of such a group.