Section 3: Duty to act consistently with regulatory principles
13.The Scottish Ministers must use best endeavours to ensure that the code is consistent with three regulatory principles: fair and lawful dealing by pub-owning companies to their tenants; that tied tenants should be no worse off than if they were not bound by any product or service tie (as defined in the Act); and that a tied agreement offers a fair share of risk and reward to pub-owning businesses and their tenants.
14.Subsection (2) states that the adjudicator must also use best endeavours to act consistently with these three principles. It is expected that the adjudicator will apply the three principles to decision-making and that they will act as an underpinning framework for processes set out in the Act, such as investigations and arbitrations.
