The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022

Substitution of regulation 35 (right to refer proposed MRO rent to the independent assessor)

12.  For regulation 35 substitute—

“Right to refer proposed MRO rent to the independent assessor

35.— (1) Where the pub-owning business sends a proposed tenancy or licence to the tied pub tenant as part of a response under the relevant provisions the tied pub tenant may refer the proposed MRO rent to an independent assessor by sending a notice to the pub-owning business, in writing, of the tenant’s intention to do so within the referral period.

(2) Where the tied pub tenant refers the proposed MRO rent under a tenancy or licence to an independent assessor under paragraph (1), no reference may subsequently be made to the Adjudicator in relation to the same proposed tenancy or licence, save as set out in Parts 7 and 8 of these Regulations.

(3) A referral under paragraph (1) must be in respect of the latest response under the relevant provisions that the tied pub tenant has received.

(4) No referrals may be made under this regulation at any time after the end of the MRO procedure.

(5) The referral period means the period of 21 days beginning with the day after the latest of—

(a) the day on which the updated period of response under regulation 32B(2) ends; or

(b) the day on which the tied pub tenant receives a revised response under regulation 33A.”.