Schedule 1The Scottish Pubs Code
Restriction on enforcing certain terms of agreement
3
1
The code—
a
must provide that a pub-owning business is prohibited from enforcing a term of an agreement of a kind described in sub-paragraph (2),
b
may provide that a pub-owning business is prohibited from enforcing a term of an agreement of any other kind that is described in the code.
2
The following are the kinds of term referred to in sub-paragraph (1)(a)—
a
a term under which a tied-pub tenant is prevented from, or can be penalised for, taking action to enforce the code,
b
a term which provides that a rent assessment in relation to the tied pub—
i
may be initiated only by the business,
ii
may only determine that the rent is to be increased,
iii
may not determine that the rent is to be reduced.