Tied Pubs (Scotland) Act 2021

1. Introduction

2. The Act

   1. Part 1 – the Code and the Adjudicator

      1. Section 1: Scottish Pubs Code

      2. Section 2: Scottish Pubs Code Adjudicator

      3. Section 3: Duty to act consistently with regulatory principles

      4. Section 4: Scottish Ministers’ duty to seek to make code and appoint adjudicator

      5. Section 5: Review of the code and adjudicator’s performance

      6. Section 6: Ministerial guidance to the adjudicator

   2. Part 2:  Giving Effect to the Code

      1. Agreements that are inconsistent with the code

         1. Section 7: Unenforceability of contract terms

      2. Investigations by the adjudicator

         1. Section 8: Power to investigate

         2. Section 9: Enforcement action

         3. Section 10: Financial penalties under section 9

         4. Section 11: Investigation report

         5. Section 12: Recovery of investigation costs

         6. Section 13: Investigation policy

      3. Arbitration

         1. Section 14: Adjudicator’s duty to arbitrate or appoint arbitrator

         2. Section 15: Submission of dispute to adjudicator

         3. Section 16: Liability for arbitrator’s reasonable fees and expenses

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

         5. Section 18: Information about arbitration

         6. Section 19: Reports on avoidance

   3. Part 3: Interpretation

      1. Section 20: Tied pub

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

      3. Section 22: Other expressions

   4. Part 4: Final Provisions

      1. Section 23: Ancillary provision

      2. Section 24: Regulation-making powers

      3. Section 25: Commencement

   5. 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 a guest beer agreement

      5. Requirement to offer market rent only lease

      6. Market rent only lease: further provision

      7. Generality of enabling power unaffected

   6. Schedule 2: Scottish Pubs Code Adjudicator

      1. Part 1: Status and Liability

         1. Legal personality

         2. Exclusion of Crown Status

         3. Exemption from liability for damages

      2. Part 2: Powers

         1. Chapter 1: Power to require information

            1. Imposition of requirement

            2. Offence of failing to comply with requirement and of providing false information

         2. Chapter 2: Other Powers

            1. Powers to advise on the code and issue guidance

            2. General powers

      3. Part 3: Funding and other support

         1. Chapter 1: Assistance from the Scottish Ministers

            1. Loans and other assistance

         2. Chapter 2: Levy funding

            1. Annual levy on pub-owning businesses

            2. Amount of levy

            3. Liability to pay

            4. Rebate

            5. Appeals

      4. Part 4: Accountability

         1. Accounts and audit

         2. Annual report

         3. Information to Scottish Ministers

      5. Part 5: Appointment and terms and conditions

         1. Appointment and tenure

         2. Defect in appointment

         3. Remuneration and other terms and conditions

      6. Part 6: Staff

         1. Secondees

3. Parliamentary History