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The Pubs Code etc. Regulations 2016

Draft Legislation:

This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Pubs Code etc. Regulations 2016 ISBN 978-0-11-114748-1

  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement and extent

    2. 2.General interpretation

    3. 3.Significant increase in price: beer

    4. 4.Significant increase in price: alcoholic drink other than beer

    5. 5.Significant increase in price: products other than alcoholic drink

    6. 6.Significant increase in price: services

    7. 7.Trigger events

    8. 8.Periods of time

  3. PART 2

    1. 9.Pubs entry training

    2. 10.A sustainable business plan

    3. 11.The required information

    4. 12.Duty of pub-owning business where tenant intends to assign the tenancy

    5. 13.Premises

    6. 14.Short agreements

  4. PART 3

    1. 15.Duty to provide a rent proposal

    2. 16.Contents of the rent proposal

    3. 17.When the rent proposal must be provided

    4. 18.Further information and advice in relation to the rent proposal

  5. PART 4

    1. 19.Duty to conduct a rent assessment or an assessment of money payable in lieu of rent

    2. 20.The rent assessment proposal

    3. 21.Conduct of the rent assessment or the assessment of money payable in lieu of rent

    4. 22.Effect of the rent assessment or the assessment of money payable in lieu of rent

  6. PART 5

    1. 23.The MRO notice

    2. 24.A significant increase in the price of a product or service

    3. 25.A trigger event

    4. 26.The renewal of a pub arrangement

    5. 27.A rent assessment or an assessment of money payable in lieu of rent

  7. PART 6

    1. 28.Existing arrangements continue to have effect until the end of the MRO procedure

    2. 29.Effect of tenant’s notice

    3. 30.Terms and conditions required in a tenancy which is MRO-compliant

    4. 31.Reasonable terms and conditions

    5. 32.Failure to acknowledge the tenant’s notice, provide a full response etc.

    6. 33.MRO procedure where a matter is referred to the Adjudicator in connection with the full response

    7. 34.The negotiation period

    8. 35.Failure to agree

  8. PART 7

    1. 36.Appointment of the independent assessor

    2. 37.Independent assessor: procedure

    3. 38.MRO procedure where a referral is made to the Adjudicator in connection with the independent assessor

  9. PART 8

    1. 39.End of the MRO procedure

    2. 40.Effect of the end of the MRO procedure

  10. PART 9

    1. 41.Business development managers

    2. 42.Duty to appoint a compliance officer

    3. 43.Annual compliance report

    4. 44.Provisions of these Regulations which are not arbitrable

  11. PART 10

    1. 45.Pub-owning business to notify Adjudicator and tied pub tenants of status under these Regulations

    2. 46.Insurance

    3. 47.Gaming machines

    4. 48.Blank template for profit and loss account

    5. 49.Sale of freehold or long leasehold

    6. 50.Tied pub tenant not to suffer detriment

    7. 51.Flow monitoring devices

  12. PART 11

    1. 52.Extended protection to last until the end of a tenancy

    2. 53.Extended protection to last until a rent assessment is concluded

  13. PART 12

    1. 54.Short agreements

    2. 55.Pub franchise agreements

    3. 56.The investment exception

  14. PART 13

    1. 57.Void or unenforceable terms of a tenancy or licence

  15. PART 14

    1. 58.Referrals to the Adjudicator in connection with the MRO procedure

    2. 59.Referrals to the Adjudicator in connection with the independent assessor

    3. 60.Arbitration commenced by pub-owning business

    4. 61.Information required by the Adjudicator

  16. PART 15

    1. 62.Adjudicator’s determination during referral of a dispute

    2. 63.Investigations by the Adjudicator

    3. 64.Adjudicator’s determination in relation to UK businesses only

  17. PART 16

    1. 65.Rent proposals

    2. 66.Rent assessments

    3. 67.Market rent only option: the MRO notice

  18. PART 17

    1. 68.Review of Parts 1 and 11 to 16

  19. Signature

    1. SCHEDULE 1

      Information specified for the purposes of a new agreement etc.

      1. 1.Regulations and code of practice

      2. 2.Where the pub-owning business has a code of practice which...

      3. 3.The type of tenancy or licence

      4. 4.Whether the tenancy offered by the pub-owning business is a...

      5. 5.Whether there is a superior landlord and, if so, the...

      6. 6.The length of the tenancy, licence or relevant tie agreement...

      7. 7.Whether the tied pub tenant or the pub-owning business may...

      8. 8.Details of the pub-owning business’s procedures for responding to any...

      9. 9.In paragraphs 6 to 8 a “relevant tie agreement” is...

      10. 10.The premises

      11. 11.Whether the fixtures and fittings in the tied pub are...

      12. 12.Maintenance and repair

      13. 13.The pub-owning business’s procedures for discharging its obligations to repair...

      14. 14.Where the tenancy or licence requires the tied pub tenant...

      15. 15.The procedures to be followed in connection with the respective...

      16. 16.Where, before entering into a new agreement, a short agreement,...

      17. 17.Any requirements under the tenancy or licence in relation to...

      18. 18.(1) The pub-owning business’s policy for investing in the premises...

      19. 19.The respective obligations of the pub-owning business and the tied...

      20. 20.Obligations in relation to the purchase of tied products and services

      21. 21.Assignment

      22. 22.Advice and support

      23. 23.The pub-owning business’s policy (if any) for dealing with requests...

      24. 24.The circumstances (if any) in which the pub-owning business may...

      25. 25.The events, the occurrence of which, entitle the tied pub...

      26. 26.Insurance

      27. 27.Where the tied pub tenant is responsible for insuring the...

      28. 28.Payment of rent and deposits

      29. 29.Where the tenancy or licence provides that the rent or...

      30. 30.In cases where damage to the premises to which the...

      31. 31.Information in respect of other support available in cases where...

      32. 32.Details of any other fees, charges, including service charges, or...

      33. 33.Additional information where new agreement is a pub franchise agreement

      34. 34.Other obligations

      35. 35.Breaches

      36. 36.Where a tied pub tenant is in breach of the...

      37. 37.Information about the procedures which may be followed by the...

    2. SCHEDULE 2

      Information specified for the purposes of a rent proposal or a rent assessment proposal

      1. 1.A summary of the methods which must be used under...

      2. 2.An outline of the procedure to be followed during negotiations...

      3. 3.A list of the matters which will be considered to...

      4. 4.Information in respect of the cost of service charges relating...

      5. 5.A forecast profit and loss statement for the tied pub...

      6. 6.The figures which are provided under paragraph 5 must be...

      7. 7.The profit and loss statement provided under paragraph 5 must...

      8. 8.The statement, figures and other information which the pub-owning business...

      9. 9.Any information which the pub-owing business provides under paragraph 5,...

      10. 10.In paragraph 5(c) “duty” means any duty of excise charged...

      11. 11.Any information in Schedule 1 which— (a) the tied pub...

      12. 12.A timetable specifying the dates on which any other information...

    3. SCHEDULE 3

      Documents to which the independent assessor must have regard

      1. 1.Documents held by the tied pub tenant or the pub-owning...

      2. 2.Documents held by the tied pub tenant or the pub-owning...

      3. 3.For the purposes of paragraph 2, a “reasonable forecast” is...

      4. 4.Documents which describe any special commercial or financial advantages provided...

  20. Explanatory Note

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