Tied Pubs (Scotland) Act 2021

17 Further fees and expenses payable to the adjudicator

(1) The Scottish Ministers must by regulations provide for a fee to be paid to the adjudicator by a tied-pub tenant in respect of an arbitration to which subsection (2) applies (subject to any exceptions specified in the regulations).

(2) This subsection applies to an arbitration if the adjudicator, or a person appointed by the adjudicator, is the arbitrator as a result of a tied-pub tenant submitting a dispute to arbitration under section 15.

(3) Regulations under subsection (1) may in particular prescribe—

(a) the fee to be paid,

(b) circumstances in which a tenant need not pay a fee,

(c) circumstances in which a fee is to be refunded.

(4) The Scottish Ministers may by regulations require a tied-pub tenant to make a payment to the adjudicator in respect of the expenses of an arbitration to which subsection (5) applies.

(5) This subsection applies to an arbitration if the adjudicator, or a person appointed by the adjudicator, is the arbitrator by virtue of section 14(1).

(6) Regulations under subsection (4) may in particular—

(a) specify the circumstances in which a tenant may be required to make a payment in respect of expenses,

(b) set a limit on the amount a tenant may ordinarily be required to pay in respect of expenses (either by specifying an amount or setting out a methodology by which the amount is to be determined),

(c) specify circumstances in which a tenant may be required to make a payment in respect of expenses that exceeds the limit that ordinarily applies.