UK Act of Parliament 2021 Scotland

Tied Pubs (Scotland) Act 2021

Read the Act on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Prosecution 1 of 23 obligations carry a fine up to £10,000. 1 carries different penalties and 21 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Trader6 Any Person3

Plus 14 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.001 Scottish Pubs Code (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must create a code regulating tied pubsCrown / Minister / Government department
s.003 Duty to act consistently with regulatory principles (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must act consistently with regulatory principlesStatutory regulator
s.005 Review of the code and adjudicator's performance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Review tied pubs code and adjudicator performance every 3 yearsCrown / Minister / Government department
s.006 Ministerial guidance to the adjudicator (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must consider ministerial guidance when performing functionsStatutory regulator
s.011 Investigation report (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must publish investigation report and give business opportunity to comment if namedStatutory regulator
s.012 Recovery of investigation costs (opens in a new tab) Regulated
  • Pay investigation costs if the adjudicator finds you broke the codeTrader
s.013 Investigation policy (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must publish investigation policy and criteriaStatutory regulator
s.014 Adjudicator's duty to arbitrate or appoint arbitrator (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must arbitrate or appoint arbitrator for tied-pub disputesStatutory regulator
s.016 Liability for arbitrator's reasonable fees and expenses (opens in a new tab) Regulated
  • Pay arbitrator's reasonable fees and expenses in tied-pub arbitrationTrader
s.019 Reports on avoidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must report pub-owning businesses' avoidance activity to ministersStatutory regulator
16 other provisions — procedural and definitional
s.002 Scottish Pubs Code Adjudicator (opens in a new tab)
s.004 Scottish Ministers' duty to seek to make code and appoint adjudicator (opens in a new tab)
s.007 Unenforceability of contract terms (opens in a new tab)
s.008 Power to investigate (opens in a new tab)
s.009 Enforcement action (opens in a new tab)
s.010 Financial penalties under section 9 (opens in a new tab)
s.015 Submission of dispute to adjudicator (opens in a new tab)
s.017 Further fees and expenses payable to the adjudicator (opens in a new tab)
s.018 Information about arbitration (opens in a new tab)
s.020 Tied pub (opens in a new tab)
s.021 Pub-owning business and tied-pub tenant (opens in a new tab)
s.022 Other expressions (opens in a new tab)
s.023 Ancillary provision (opens in a new tab)
s.024 Regulation-making powers (opens in a new tab)
s.025 Commencement (opens in a new tab)
s.026 Short title (opens in a new tab)
Schedules

Schedules

13 of 32 shown
s.sch001 The code must provide that a pub-owning business is required... Regulated
  • Comply with regulatory directions under the Tied Pubs CodeTrader
s.sch001 (1) The code— (a) must provide that a pub-owning business... Regulated
  • Do not block tenants from enforcing the code or rig rent assessmentsTrader
s.sch001 (1) The code must require a pub-owning business to offer... Regulated
  • Offer guest beer agreements to tied-pub tenants in specified circumstancesTrader
s.sch001 (1) The code must require a pub-owning business— Regulated
  • Offer market rent only lease to tied-pub tenant on requestTrader
s.sch002 (1) The rate at which a person is to be... Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must set and publish levy rates for pub-owning businessesStatutory regulator
s.sch002 (1) A person is liable to pay the adjudicator the... Regulated
  • Pay the annual levy to the adjudicator upon receiving a charging noticeAny Person
s.sch002 (1) The adjudicator must— (a) keep proper accounts and accounting... Regulated
Other duties (1) — Crown / regulator
  • Tied Pubs Adjudicator must keep proper accounts and send them for auditStatutory regulator
s.sch002 (1) The adjudicator must, after each financial year— Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must publish annual report of activitiesStatutory regulator
s.sch002 The adjudicator must provide the Scottish Ministers with any information... Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must provide information to Scottish Ministers on requestStatutory regulator
s.sch002 (1) A person's appointment to the office of Scottish Pubs... Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must remove defectively appointed AdjudicatorCrown / Minister / Government department
s.sch002 (1) A person commits an offence if— Prosecution
  • Intentionally fail to provide information to the adjudicatorAny Person

Fine up to £10,000

s.sch002 (1) A person commits an offence if, in response to... Prosecution
  • Provide false information to the adjudicatorAny Person

Fine up to £5,000

s.sch002 (1) The adjudicator may prepare and make publicly available guidance... Regulated
Other duties (1) — Crown / regulator
  • Adjudicator must follow its own published guidanceStatutory regulator
19 other schedules
s.sch001 (1) The code may require pub-owning businesses to produce information...
s.sch001 In describing the procedure mentioned in paragraph 5(2)(a), the code...
s.sch001 Nothing in this schedule is to be taken to limit...
s.sch002 The adjudicator is, as such, to be regarded as a...
s.sch002 The Scottish Ministers may— (a) give loans to the adjudicator,...
s.sch002 The Scottish Ministers may provide staff, premises, facilities or other...
s.sch002 (1) The adjudicator may impose a levy in respect of...
s.sch002 (1) If, having collected the levy in respect of a...
s.sch002 A person on whom a levy is imposed under paragraph...
s.sch002 (1) The adjudicator— (a) is not a servant or agent...
s.sch002 (1) The adjudicator is to be appointed by the Scottish...
s.sch002 (1) A person holds the office of Scottish Pubs Code...
s.sch002 The adjudicator may, in accordance with a determination by the...
s.sch002 The Scottish Ministers may determine the terms and conditions of...
s.sch002 (1) The adjudicator may make arrangements for persons to be...
s.sch002 (1) The following are exempt from liability in damages for...
s.sch002 (1) The adjudicator may, for a purpose mentioned in sub-paragraph...
s.sch002 The adjudicator may give any person advice on any matter...
s.sch002 The adjudicator may do anything which appears to the adjudicator...

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument
Pubs Code for tied tenants

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.