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Tied Pubs (Scotland) Act 2021

Chapter 1: Power to require information
Imposition of requirement

79.Paragraph 4 gives the adjudicator power to require information and documents.

80.The statutory limits on the extent to which the adjudicator can require information do not limit the adjudicator’s ability to ask for information to be provided voluntarily on any matter, at any time.

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

81.Paragraphs 5 and 6 create offences, punishable on conviction by a fine(3), for intentional failure to comply with a requirement to provide information (subject to a defence of having a reasonable excuse) and for knowingly providing false information. A failure to provide information in the way specified will be considered as a failure to comply with a notice requiring the information to be provided.

3

On summary conviction, the maximum fine is the “statutory maximum”, which was £10,000 at the time of Royal Assent.

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