Scottish Pubs Code and Scottish Pubs Code Adjudicator review: consultation

Statutory Review

The Tied Pubs (Scotland) Act 2021 (“the Act”) requires Scottish Ministers to commence a first statutory review of the Scottish Pubs Code and the Scottish Pubs Code Adjudicator, covering the period from the date of the Adjudicator’s appointment on 17 June 2024 to 31 March 2026. Further reviews must then be carried out every three years.

Formal terms of reference for the statutory review are included in this consultation paper. As set out in the Act, the review must consider:

• Operation of the Scottish Pubs Code – it must look at the extent to which the Code is consistent with the three regulatory principles and whether the Code could be modified to reflect those principles more fully.
• Scottish Pubs Code Adjudicator – it must consider how effective the adjudicator has been at enforcing the Code and may consider whether any changes are required to sections 10 and 17 of the Act relating to financial penalty and fees/expenses regulations, and any other matters they consider appropriate.

The review will be informed by:

• this public consultation;
• evidence from the Adjudicator, including their annual report; and
• any relevant research or other reports.

Following the review, Scottish Ministers may issue guidance to the Adjudicator and must publish the findings and lay a copy of the report before the Scottish Parliament. This will allow for consideration and scrutiny by the Parliament as appropriate.