Explanatory Notes

Tied Pubs (Scotland) Act 2021

2021 asp 17

5 May 2021

The Act

Part 2:  Giving Effect to the Code

Investigations by the adjudicator

Section 11: Investigation report

28.This section requires the adjudicator to publish a report at the end of an investigation.

29.Subsection (2) specifies that an investigation report must set out and explain any findings and any actions taken or proposed.

30.Under subsection (3), the report does not have to disclose the identity of the pub-owning business in question (for example, because the adjudicator considers that the objectives of the code can be effectively achieved whilst dealing with the relevant pub-owning business privately). If the adjudicator does choose to identify the pub-owning business in an investigation report, the business must be given an opportunity to comment on a draft before it is published (subsection (4)).