Explanatory Notes

Tied Pubs (Scotland) Act 2021

2021 asp 17

5 May 2021

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.