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Tied Pubs (Scotland) Act 2021

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  1. Introductory Text

  2. Part 1 The Code and the adjudicator

    1. 1.Scottish Pubs Code

    2. 2.Scottish Pubs Code Adjudicator

    3. 3.Duty to act consistently with regulatory principles

    4. 4.Scottish Ministers' duty to seek to make code and appoint adjudicator

    5. 5.Review of the code and adjudicator's performance

    6. 6.Ministerial guidance to the adjudicator

  3. Part 2 Giving effect to the code

    1. Agreements that are inconsistent with the code

      1. 7.Unenforceability of contract terms

    2. Investigation by the adjudicator

      1. 8.Power to investigate

      2. 9.Enforcement action

      3. 10.Financial penalties under section 9

      4. 11.Investigation report

      5. 12.Recovery of investigation costs

      6. 13.Investigation policy

    3. Arbitration

      1. 14.Adjudicator's duty to arbitrate or appoint arbitrator

      2. 15.Submission of dispute to adjudicator

      3. 16.Liability for arbitrator's reasonable fees and expenses

      4. 17.Further fees and expenses payable to the adjudicator

      5. 18.Information about arbitration

    4. Avoidance

      1. 19.Reports on avoidance

  4. Part 3 Interpretation

    1. 20.Tied pub

    2. 21.Pub-owning business and tied-pub tenant

    3. 22.Other expressions

  5. Part 4 Final provisions

    1. 23.Ancillary provision

    2. 24.Regulation-making powers

    3. 25.Commencement

    4. 26.Short title

    1. Schedule 1

      The Scottish Pubs Code

      1. Requirement to provide information

        1. 1.(1) The code may require pub-owning businesses to produce information...

      2. Requirement to comply with adjudicator's directions following an investigation

        1. 2.The code must provide that a pub-owning business is required...

      3. Restriction on enforcing certain terms of agreement

        1. 3.(1) The code— (a) must provide that a pub-owning business...

      4. Requirement to offer guest beer agreement

        1. 4.(1) The code must require a pub-owning business to offer...

      5. Requirement to offer market rent only lease

        1. 5.(1) The code must require a pub-owning business—

      6. Market rent only lease: further provision

        1. 6.In describing the procedure mentioned in paragraph 5(2)(a), the code...

      7. Generality of enabling power unaffected

        1. 7.Nothing in this schedule is to be taken to limit...

    2. Schedule 2

      Scottish Pubs Code Adjudicator

      1. Part 1 Status and liability

        1. Legal personality

          1. 1.The adjudicator is, as such, to be regarded as a...

        2. Exclusion of Crown Status

          1. 2.(1) The adjudicator— (a) is not a servant or agent...

        3. Exemption from liability for damages

          1. 3.(1) The following are exempt from liability in damages for...

      2. Part 2 Powers

        1. Chapter 1 Power to require information

          1. Imposition of requirement

            1. 4.(1) The adjudicator may, for a purpose mentioned in sub-paragraph...

          2. Offence of failing to comply with requirement

            1. 5.(1) A person commits an offence if—

          3. Offence of providing false information

            1. 6.(1) A person commits an offence if, in response to...

        2. Chapter 2 Other powers

          1. Power to advise on the code

            1. 7.The adjudicator may give any person advice on any matter...

          2. Power to issue guidance

            1. 8.(1) The adjudicator may prepare and make publicly available guidance...

          3. General powers

            1. 9.The adjudicator may do anything which appears to the adjudicator...

      3. Part 3 Funding and other support

        1. Chapter 1 Assistance from the Scottish Ministers

          1. Loans

            1. 10.The Scottish Ministers may— (a) give loans to the adjudicator,...

          2. Other assistance

            1. 11.The Scottish Ministers may provide staff, premises, facilities or other...

        2. Chapter 2 Levy funding

          1. Annual levy on pub-owning businesses

            1. 12.(1) The adjudicator may impose a levy in respect of...

          2. Amount of levy

            1. 13.(1) The rate at which a person is to be...

          3. Liability to pay

            1. 14.(1) A person is liable to pay the adjudicator the...

          4. Rebate

            1. 15.(1) If, having collected the levy in respect of a...

          5. Appeals

            1. 16.A person on whom a levy is imposed under paragraph...

      4. Part 4 Accountability

        1. Accounts and audit

          1. 17.(1) The adjudicator must— (a) keep proper accounts and accounting...

        2. Annual report

          1. 18.(1) The adjudicator must, after each financial year—

        3. Information to Scottish Ministers

          1. 19.The adjudicator must provide the Scottish Ministers with any information...

      5. Part 5 Appointment and terms and conditions

        1. Appointment

          1. 20.(1) The adjudicator is to be appointed by the Scottish...

        2. Tenure

          1. 21.(1) A person holds the office of Scottish Pubs Code...

        3. Defect in appointment

          1. 22.(1) A person's appointment to the office of Scottish Pubs...

        4. Remuneration

          1. 23.The adjudicator may, in accordance with a determination by the...

        5. Other terms and conditions

          1. 24.The Scottish Ministers may determine the terms and conditions of...

      6. Part 6 Staff

        1. Secondees

          1. 25.(1) The adjudicator may make arrangements for persons to be...

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