Explanatory Notes

Tied Pubs (Scotland) Act 2021

2021 asp 17

5 May 2021

The Act

Schedule 2: Scottish Pubs Code Adjudicator

Part 1: Status and Liability

Exemption from liability for damages

78.Paragraph 3 protects the adjudicator and seconded staff from claims for damages by third parties, except where they have acted in bad faith or in breach of human rights. In the absence of this protection it might, for example, be possible for a tied tenant or pub-owning business to claim against the adjudicator for negligence in relation to advice given or the way the adjudicator had carried out an investigation.