Tied Pubs (Scotland) Act 2021

17Further fees and expenses payable to the adjudicator

This section has no associated Explanatory Notes

(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.