Schedule 2

Scottish Pubs Code Adjudicator
Part 2

Powers
Chapter 1

Power to require information

Imposition of requirement
4
1
The adjudicator may, for a purpose mentioned in sub-paragraph (2), require a person to provide information that is in the person's possession or control.
2
The purposes referred to in sub-paragraph (1) are—
a
investigating a pub-owning business's compliance with the code,
b
monitoring whether the requirement to comply with a direction given under section 9(2)(a) has been fulfilled,
c
exercising functions in relation to the offer of a market rent only lease.
3
A requirement under this paragraph to provide information may, in particular, be a requirement to—
a
provide documents,
b
provide information verbally.
4
A requirement under this paragraph is imposed on a person by giving the person written notice—
a
specifying—
i
the information the person is required to provide, and
ii
the way in which the person is required to provide it, and
b
explaining that failing to comply with the requirement or providing false information in response to it may be an offence under this Chapter.
5
For the purpose of sub-paragraph (4)(a)(ii), specifying the way in which a person is required to provide information includes specifying—
a
to whom it is to be provided,
b
where it is to be provided,
c
when, or the time by which, it is to be provided,
d
the form and manner in which it is to be provided.
6
If an individual is required to attend a particular place under this paragraph, the adjudicator must offer to pay any necessary travelling expenses.
7
A person may not be required under this paragraph to do anything that the person could not be compelled to do in proceedings before the Court of Session.
Sch. 2 para. 4 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)