Schedule 1SThe Scottish Pubs Code

Restriction on enforcing certain terms of agreementS

3(1)The code—S

(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.