Tied Pubs (Scotland) Act 2021

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.