Tied Pubs (Scotland) Act 2021
Part 1
The Code and the adjudicator
1
Scottish Pubs Code
2
Scottish Pubs Code Adjudicator
3
Duty to act consistently with regulatory principles
4
Scottish Ministers’ duty to seek to make code and appoint adjudicator
5
Review of the code and adjudicator’s performance
6
Ministerial guidance to the adjudicator
Part 2
Giving effect to the code
Agreements that are inconsistent with the code
7
Unenforceability of contract terms
Investigation by the adjudicator
8
Power to investigate
9
Enforcement action
10
Financial penalties under section 9
11
Investigation report
12
Recovery of investigation costs
13
Investigation policy
Arbitration
14
Adjudicator’s duty to arbitrate or appoint arbitrator
15
Submission of dispute to adjudicator
16
Liability for arbitrator’s reasonable fees and expenses
17
Further fees and expenses payable to the adjudicator
18
Information about arbitration
Avoidance
19
Reports on avoidance
Part 3
Interpretation
20
Tied pub
21
Pub-owning business and tied-pub tenant
22
Other expressions
Part 4
Final provisions
23
Ancillary provision
24
Regulation-making powers
25
Commencement
26
Short title
Schedule 1
The Scottish Pubs Code
1
Requirement to provide information
2
Requirement to comply with adjudicator’s directions following an investigation
3
Restriction on enforcing certain terms of agreement
4
Requirement to offer guest beer agreement
5
Requirement to offer market rent only lease
6
Market rent only lease: further provision
7
Generality of enabling power unaffected
Schedule 2
Scottish Pubs Code Adjudicator
Part 1
Status and liability
1
Legal personality
2
Exclusion of Crown Status
3
Exemption from liability for damages
Part 2
Powers
Chapter 1
Power to require information
4
Imposition of requirement
5
Offence of failing to comply with requirement
6
Offence of providing false information
Chapter 2
Other powers
7
Power to advise on the code
8
Power to issue guidance
9
General powers
Part 3
Funding and other support
Chapter 1
Assistance from the Scottish Ministers
10
Loans
11
Other assistance
Chapter 2
Levy funding
12
Annual levy on pub-owning businesses
13
Amount of levy
14
Liability to pay
15
Rebate
16
Appeals
Part 4
Accountability
17
Accounts and audit
18
Annual report
19
Information to Scottish Ministers
Part 5
Appointment and terms and conditions
20
Appointment
21
Tenure
22
Defect in appointment
23
Remuneration
24
Other terms and conditions
Part 6
Staff
25
Secondees

Tied Pubs (Scotland) Act 2021
2021 asp 17
An Act of the Scottish Parliament to establish a Scottish Pubs Code to govern the relationship between tenants and owners of tied pubs; to establish the office of Scottish Pubs Code Adjudicator; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23rd March 2021 and received Royal Assent on 5th May 2021