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Tied Pubs (Scotland) Act 2021

Requirement to provide information

61.Paragraph 1(1) provides that the code may require pub-owning companies to give information to their tenants (including prospective tenants) and to the adjudicator. Sub-paragraph (2) sets out one example of such a requirement: that the code may require pub-owning businesses to give tenants an assessment of what the rent of the premises will be.

62.Under sub-paragraph (3) the code can require pub-owning companies to follow a certain methodology when producing such information and present it in a certain way. Under sub-paragraph (4) the code may contain references to other documents in relation to any requirements concerned with the provision of information, which could include referencing documents that will be published in future. This allows the adjudicator to prepare (and later revise) documents referred to in the code after the code itself has been made, without this undermining the enforceability of the requirement on pub-owning companies under sub-paragraph (3).

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