Part 2

Giving effect to the code

Avoidance

Reports on avoidance
19
1
The adjudicator must report to the Scottish Ministers on cases of pub-owning businesses engaging in avoidance activity.
2
In subsection (1), “avoidance activity” means acts or omissions (or both) by a pub-owning business that are—
a
unfair, and
b
engaged in by the business in order to avoid, to the detriment of a tied-pub tenant, the operation of provision made by or under this Act.
3
A report under subsection (1) must include recommendations as to—
a
action to be taken to prevent pub-owning businesses from engaging in the activity reported on, and
b
how to provide redress for tied-pub tenants affected by those activities.
4
Within 3 months of receiving a report under subsection (1), the Scottish Ministers must make publicly available a statement setting out—
a
what action they intend to take to protect tied-pub tenants from the activities reported on by the adjudicator, or
b
if they do not intend to take any such action, the reasons for that decision.