PART 4The Pubs Code Adjudicator and the Pubs Code

Advice and guidance by Adjudicator

I161Guidance

1

The Adjudicator must publish guidance about—

a

the criteria that the Adjudicator intends to adopt in deciding whether to carry out investigations,

b

the practices and procedures that the Adjudicator intends to adopt in carrying out investigations,

c

the criteria that the Adjudicator intends to adopt in choosing whether to use the enforcement powers and which ones, and

d

the criteria that the Adjudicator intends to adopt in deciding the amount of any financial penalty under section 58.

2

In addition, the Adjudicator may publish guidance about the practices and procedures that the Adjudicator intends to adopt in carrying out other functions.

3

The Adjudicator may publish guidance about—

a

the application of any provision of the Pubs Code;

b

steps that pub-owning businesses need to take in order to comply with the Pubs Code;

c

any other matter relating to the Pubs Code.

4

Before publishing guidance under this section, the Adjudicator must consult any persons the Adjudicator thinks appropriate.

5

The Adjudicator must publish the first guidance under subsection (1)(a), (b), (c) and (d) within 6 months beginning with the day on which section 41 comes into force.

6

Where there is any guidance in force under this section, the Adjudicator must take account of it in carrying out functions.