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.