- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Pubs Code etc. Regulations 2016 No. 790
36.—(1) The Adjudicator must specify the criteria which a person must satisfy in order to be appointed as an independent assessor.
(2) The following provisions of this regulation apply where a tied pub tenant has sent a notice to the pub-owning business under regulation 35(3).
(3) The tenant and the pub-owning business must, within the period of 28 days beginning with the day on which the pub-owning business receives the tied pub tenant’s notice under regulation 35(3) —
(a)jointly, appoint an independent assessor; or
(b)notify the Adjudicator in writing of their failure to make the appointment.
(4) Where the Adjudicator receives notification under paragraph (3)(b), the Adjudicator must, within 14 days of the notification—
(a)appoint an assessor; and
(b)notify the tenant and the pub-owning business of the appointment.
(5) The pub-owning business and the tied pub tenant must pay, in equal shares, the fees charged by the independent assessor in connection with the determination of the market rent(1).
Section 43(10) of SBEEA 2015 defines “market rent”.
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