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Pubs Code Adjudicator

Question for Department for Business, Innovation and Skills

UIN 34615, tabled on 19 April 2016

To ask the Secretary of State for Business, Innovation and Skills, who will act on behalf of the Pubs Code Adjudicator in situations where one of the parties to that adjudication objects to the Adjudicator's involvement.

This answer is the replacement for a previous holding answer.

Answered on

27 April 2016

The Pubs Code Adjudicator has been appointed by the Secretary of State to arbitrate alleged breaches of the statutory obligations set out in the Pubs Code. The Adjudicator will therefore be operating within the statutory framework provided in the SBEE Act and Pubs Code regulations. The parties to an alleged breach of the Pubs Code are not afforded an automatic right to object to the Adjudicator discharging what is a statutory duty. This is in contrast to the position of arbitrators appointed to deal with a private arbitration of contractual disputes.

The Adjudicator will make and publish arrangements for dealing with any conflict of interest as he is required to do by the SBEE Act [Schedule 1 para 10]. These will be the relevant arrangements for any parties wishing to raise any questions about conflicts of interest. Where the parties raise any objection to the Adjudicator arbitrating a dispute, it is for the Adjudicator to decide whether it is appropriate for him to appoint another arbitrator (as the Act allows).

Answered by

Department for Business, Innovation and Skills
Named day
Named day questions only occur in the House of Commons. The MP tabling the question specifies the date on which they should receive an answer. MPs may not table more than five named day questions on a single day.