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Tied Pubs (Scotland) Act 2021

Tied Pubs (Scotland) Act 2021

2021 asp 17

The Act

Part 2:  Giving Effect to the Code

Agreements that are inconsistent with the code

Section 7: Unenforceability of contract terms

21.This section provides that any contract terms between pub-owning businesses and their tied tenants are not enforceable by the business if they are prohibited in the code. It therefore provides tenants with a legal remedy they may wish to explore. This section should be read together with paragraph 3 of schedule 1, “restriction on enforcing certain terms of agreement” (see paragraph 16), which sets out the kinds of terms which a pub-owning business cannot enforce on a tied tenant.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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