http://www.legislation.gov.uk/uksi/2016/790/regulation/39The Pubs Code etc. Regulations 2016enENTERPRISE, ENGLAND AND WALESStatute Law Database2025-05-12Expert Participation2022-04-01 These Regulations are the first to be made under sections 42 to 45, 48, 69 and 71 of the Small Business, Enterprise and Employment Act 2015 (“SBEEA 2015”). PART 8End of the MRO procedureEnd of the MRO procedure391This regulation applies where a tied pub tenant has given an MRO notice.2Where the tied pub tenant communicates to the pub-owning business, in writing, a decision to accept a tenancy or licence proposed by the pub-owning business (including where the tenant accepts a tenancy or licence under regulation 37(13), 38(5), 59(2), (5) or (9)), the tenant and the pub-owning business must, as soon as reasonably practicable, enter into the tenancy or licence.3Where the tied pub tenant and the pub-owning business fail to enter into a tenancy or licence in compliance with paragraph (2), either of them may refer the matter to the Adjudicator.4The MRO procedure ends on the earliest of the following days—awhere the tied pub tenant and the pub-owning business enter into a tenancy or licence, on the day on which the tenancy or licence is entered into;bwhere the tenancy or licence under which the tied pub is occupied at the time the MRO notice is given ends, on the day on which the tenancy or licence ends;cwhere—ithe referral period specified in regulation 35(5) ends;iithe tied pub tenant does not, before or during that period, communicate to the pub-owning business, in writing, a decision to accept a tenancy or licence proposed by the pub-owning business;iiithe tenant does not make a reference under regulation 35 in relation to the proposed MRO rent; andivthe time allowed under that regulation for making such a reference has expired,on the day on which the referral period ends;dwhere the tied pub tenant rejects a proposed tenancy or licence under regulation 37(13) or (14), 38(5) or (6), or 59(2), (5), (9) or (10), on the day on which the tenant rejects that proposal;ewhere—ia matter is referred to the Adjudicator under regulation 32(2); andiithe Adjudicator (or a person appointed by the Adjudicator under regulation 58(2)(b) or 60(4)(b)) does not consider that the circumstances are such that the pub-owning business must offer the tenant a market rent only option,on the day of the Adjudicator’s or appointed person’s ruling or, if later, the day after the day on which any further right of referral under regulation 32(2) ends;fwhere—ia matter is referred in connection with any other aspect of the MRO procedure; andiithe Adjudicator rules that the MRO procedure ends on a specified day,on the day so specified;gwhere the pub-owning business conducts a rent assessment or an assessment of money payable in lieu of rent, on the day on which the tenant agrees, in writing, the new rent;hwhere the pub-owning business sends a full response under regulation 29(4) and the tied pub tenant has not made a referral under regulation 32(2) in respect of it, the day after the day on which the period specified under regulation 32(5) ends.Reg. 39 in force at 21.7.2016, see reg. 1(b)Reg. 39(4)(c) substituted (1.4.2022) by The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022 (S.I. 2022/341), reg. 1(1), Sch. 2 para. 14(2) (with reg. 4)Reg. 39(4)(h) inserted (1.4.2022) by The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022 (S.I. 2022/341), reg. 1(1), Sch. 2 para. 14(4) (with reg. 4)Words in reg. 39(4)(e) substituted (1.4.2022) by The Small Business, Enterprise and Employment Act 2015 and Pubs Code etc. (Amendment) Regulations 2022 (S.I. 2022/341), reg. 1(1), Sch. 2 para. 14(3) (with reg. 4)