Explanatory Notes

Tied Pubs (Scotland) Act 2021

2021 asp 17

5 May 2021

The Act

Part 2:  Giving Effect to the Code

Arbitration

Section 19: Reports on avoidance

47.This section requires the adjudicator to report any cases of pub-owning businesses trying to avoid the code to the Scottish Ministers. Subsection (2) defines “avoidance activity” as acts or omissions (or both) which are unfair and intended to avoid the code to the detriment of tenants. A similar provision was added to the 2015 Act, by the Enterprise Act 2016, in response to allegations of pub-owning businesses trying to find ways around the England and Wales code.