(4) Before publishing guidance under this section, the Adjudicator must consult
any persons the Adjudicator thinks appropriate.

(5) The Adjudicator must publish the first guidance under subsection (1)(a), (b), (c)
and (d) within 6 months beginning with the day on which section 41 comes into
5force.

(6) Where there is any guidance in force under this section, the Adjudicator must
take account of it in carrying out functions.

Adjudicator’s reporting requirements

62 Annual report

(1) 10After the end of each reporting period, the Adjudicator must prepare and
publish a report describing what the Adjudicator has done during the period.

(2) The report must include a summary of—

(a) arbitrations conducted by the Adjudicator,

(b) investigations carried out by the Adjudicator,

(c) 15cases in which the Adjudicator has taken the enforcement measures
mentioned in section 55, and

(d) cases in which the Adjudicator has exercised functions in relation to the
offer of a market rent only option or the provision of parallel rent
assessments.

(3) 20If the Adjudicator has made recommendations under section 56, the report
must include an assessment of whether they have been followed.

(4) As well as publishing the report, the Adjudicator must send a copy to the
Secretary of State.

(5) The Secretary of State must lay a copy of the report before Parliament.

(6) 25In this section “reporting period” means—

(a) the period beginning with the day on which section 41 comes into force
and ending with the following 31 March, and

(b) each successive period of 12 months.

Funding of Adjudicator

63 30Levy funding

(1) The Adjudicator may require pub-owning businesses to pay in each financial
year a levy towards the Adjudicator’s expenses.

(2) Before imposing a levy, the Adjudicator must obtain the Secretary of State’s
consent.

(3) 35In deciding the amount of a levy, the Adjudicator must take into account any
sums received or expected to be received from other sources.

(4) The Adjudicator may take into account estimated as well as actual expenses.

(5) The Adjudicator may require different pub-owning businesses or different
descriptions of pub-owning businesses to pay different amounts of levy, but

any differences must be based on criteria broadly intended to reflect the
expense and time that the Adjudicator expects to spend in dealing with matters
relating to different pub-owning businesses.

(6) The Adjudicator must inform each pub-owning business of—

(a) 5the amount of any levy payable by the business,

(b) when payments are due, and

(c) how the levy is to be paid.

(7) A levy required to be paid under this section is recoverable by the Adjudicator
as a debt.

(8) 10The Adjudicator must publish details of levies and an explanation of how the
amounts have been decided (including any criteria under subsection (5)).

(9) If the Adjudicator has a surplus, the Adjudicator may repay some or all of it to
pub-owning businesses.

(10) In subsection (9) “surplus” means money held by the Adjudicator at the end of
15a financial year less liabilities shown in the Adjudicator’s statement of accounts
for that financial year.

64 Loans by Secretary of State

The Secretary of State may make loans to the Adjudicator.

Supervision of Adjudicator

65 20Review of Adjudicator and guidance from Secretary of State

(1) The Secretary of State must review the Adjudicator’s performance for each
review period.

(2) The first review period is the period beginning on the day on which section 41
comes into force and ending 2 years after the following 31 March.

(3) 25Subsequent review periods are each successive period of 3 years after the first
review period.

(4) A review must, in particular, assess how effective the Adjudicator has been in
enforcing the Pubs Code.

(5) A review may consider whether it would be desirable to amend or replace any
30regulations for the time being in force under section 51(2) or (7) or 58(6).

(6) As soon as practicable after a review period, the Secretary of State must—

(a) publish a report of the findings of the review for that period, and

(b) lay a copy of the report before Parliament.

(7) As a result of the findings of a review, the Secretary of State may give guidance
35to the Adjudicator about any matter relating to the Adjudicator’s functions.

(8) The Adjudicator must take account of the guidance in carrying out functions.

66 Abolition of Adjudicator

(1) The Secretary of State may by regulations abolish the Adjudicator—

(a) if, as a result of the findings of a review, the Secretary of State is
satisfied that the Adjudicator has not been sufficiently effective in
securing compliance with the Pubs Code to justify the continued
existence of an Adjudicator,

(b) 5if, as a result of the findings of a review, the Secretary of State is
satisfied that it is no longer necessary for there to be an Adjudicator to
secure compliance with the Pubs Code, or

(c) if the Pubs Code is revoked and not replaced.

(2) The regulations may include provision transferring the Adjudicator’s
10property, rights and liabilities.

(3) For the purpose of giving effect to the abolition of the Adjudicator, the
regulations may amend or repeal this Part or any other enactment, including
an enactment comprised in subordinate legislation within the meaning of the
Interpretation Act 1978.

67 15Information to Secretary of State

The Secretary of State may require the Adjudicator to provide information to
assist the Secretary of State in carrying out functions under this Part.

Supplementary

68 “Tied pub”

(1) 20In this Part a “tied pub” means premises in relation to which conditions A to D
are met.

(2) Condition A is that the premises have a premises licence authorising the retail
sale of alcohol for consumption on the premises.

(3) Condition B is that the main activity or one of the main activities carried on at
25the premises is the retail sale of alcohol to members of the public for
consumption on the premises.

(4) Condition C is that the premises are occupied under a tenancy or licence.

(5) Condition D is that the tenant or licensee of the premises is subject to a
contractual obligation that some or all of the alcohol to be sold at the premises
30is supplied by—

(a) the landlord or a person who is a group undertaking in relation to the
landlord, or

(b) a person nominated by the landlord or by a person who is a group
undertaking in relation to the landlord.

(6) 35But condition D is not met if the contractual obligation is a stocking
requirement.

(7) The contractual obligation is a stocking requirement if—

(a) it relates only to beer or cider (or both) produced by the landlord or by
a person who is a group undertaking in relation to the landlord,

(b) 40it does not require the tied pub tenant to procure the beer or cider from
any particular supplier, and

(c) it does not prevent the tied pub tenant from selling at the premises beer
or cider produced by a person not mentioned in paragraph (a) (whether
or not it restricts such sales).

(8) In subsection (7), “beer” and “cider” have the same meanings as in the
5Alcoholic Liquor Duties Act 1979 (see section 1 of that Act).

(9) In this section—

• “alcohol” has the meaning given by section 191 of the Licensing Act 2003;

• “premises licence” has the same meaning as in that Act.

69 “Pub-owning business”

(1) 10A person is a “pub-owning business” for the purposes of this Part—

(a) in the period beginning with the day on which the Pubs Code comes
into force and ending with the following 31 March, if immediately
before the Pubs Code comes into force the person was the landlord of
500 or more tied pubs;

(b) 15in any subsequent financial year, if for a period of at least 6 months in
the previous financial year the person was the landlord of 500 or more
tied pubs.

(2) For the purposes of calculating the number of tied pubs of which a person (“L”)
is the landlord, any tied pub the landlord of which is a person who is a group
20undertaking in relation to L is treated as a tied pub of which L is the landlord.

(3) A person not falling within subsection (1) and who is the landlord of a tied pub
occupied by a tied pub tenant who has extended protection in relation to that
tied pub is also a pub-owning business for the purposes of this Part in relation
to that occupation.

(4) 25A tied pub tenant has “extended protection in relation to a tied pub” if—

(a) the tenant occupies the tied pub under a tenancy or licence at a time
when the landlord is a person who is a pub-owning business by virtue
of subsection (1), and

(b) before the end of that tenancy or licence the landlord is no longer such
30a person (whether because of a transfer of title or because the landlord
ceases to fall within subsection (1)).

(5) But a tied pub tenant ceases to have “extended protection in relation to a tied
pub” on the earlier of—

(a) the end of the tenancy or licence concerned, and

(b) 35the conclusion of the first rent assessment or assessment of money
payable in lieu of rent to be provided after the landlord is no longer a
person who is a pub-owning business by virtue of subsection (1).

(6) The Secretary of State may for the purposes of subsections (4) and (5) by
regulations specify—

(a) 40when a tenancy or licence ends;

(b) when a rent assessment or assessment of money payable in lieu of rent
is concluded.

(7) Nothing in sections 43 to 45 and sections 53 to 59 has effect in relation to a
person who is a pub-owning business by virtue of subsection (3).

(8) The Secretary of State may by regulations specify circumstances in which a
person who is a group undertaking in relation to a pub-owning business—

(a) is to be treated, or

(b) may if the Adjudicator so determines be treated,

5as a pub-owning business (as well as or instead of any other person) for the
purposes of any provision of or made under this Part.

(9) The Secretary of State may by regulations—

(a) amend subsection (1)(a) or (b) so as to substitute a different number of
tied pubs, or a different period, from the number or period for the time
10being specified there,

(b) make provision in relation to the calculation of the number of tied pubs,
whether by amending subsection (2) or otherwise.

70 “Tied pub tenant”, “landlord”, “tenancy” and “licence”

(1) In this Part a “tied pub tenant” means a person—

(a) 15who is the tenant or licensee of a tied pub, or

(b) who is a party to negotiations relating to the prospective tenancy of or
licence to occupy premises which are, or on completion of the
negotiations are expected to be, a tied pub.

(2) In this Part—

• 20“landlord” means—

  (a)

  in relation to a tied pub occupied under a tenancy, the
  immediate landlord, or

  (b)

  in relation to a tied pub occupied under a licence, the licensor;

• “licence” means a licence to occupy premises; and “licensee” is to be
  25construed accordingly;

• “tenancy” means a tenancy created either immediately or derivatively out
  of the freehold, whether—

  (a)

  by a lease or sub-lease,

  (b)

  by an agreement for a lease or sub-lease,

  (c)

  30by a tenancy agreement or sub-tenancy agreement, or

  (d)

  in pursuance of a provision of, or made under, an Act,

  and includes a tenancy at will.

(3) Where two or more persons jointly constitute either the landlord or the tied
pub tenant, any reference in this Part to the landlord or to the tied pub tenant
35is a reference to both or all of the persons who jointly constitute the landlord or
the tied pub tenant, as the case may require.

71 Power to grant exemptions from Pubs Code

(1) The Secretary of State may by regulations provide that the Pubs Code does not,
or specified provisions of the Pubs Code do not, apply in relation to—

(a) 40the dealings of pub-owning businesses—

(i) with tied pub tenants of a specified description, or

(ii) in relation to tied pubs of a specified description;

(b) the dealings of a specified pub-owning business or pub-owning
businesses of a specified description—

(i) with their tied pub tenants or tied pub tenants of a specified
description, or

(ii) in relation to their tied pubs or tied pubs of a specified
description.

(2) 5Regulations under subsection (1) may, in particular, specify a description of
pub-owning businesses or tied pub tenants by reference to—

(a) the nature of the tenancy or licence, or

(b) the nature of any other contractual agreement entered (or to be entered)
into by the tied pub tenant with the pub-owning business, or a person
10nominated by that business, in connection with the tenancy or licence.

(3) The regulations may provide for circumstances in which a tied pub of a
specified description is to be disregarded for the purposes of determining
under section 69 whether a person is a pub-owning business.

(4) In this section “specified” means specified in regulations.

72 15Interpretation: other provision

(1) In this Part—

• “the Adjudicator” means the Pubs Code Adjudicator;

• “arbitration agreement” has the same meaning as in section 6 of the
  Arbitration Act 1996;

• 20“financial year” means a period of 12 months beginning with 1 April and
  ending on 31 March;

• “group undertaking” has the meaning given by section 1161 of the
  Companies Act 2006;

• “independent assessor” has the meaning given by section 44;

• 25“market rent” and “market rent only option” have the meanings given by
  section 43;

• “MRO procedure” has the meaning given by section 44;

• “MRO-compliant”, in relation to a tenancy or licence, has the meaning
  given by section 43;

• 30“parallel rent assessment” has such meaning as may be prescribed in
  regulations made by the Secretary of State;

• “product or service tie” means a product tie or a service tie;

• “product tie” means any contractual obligation, other than a stocking
  requirement, of a tied pub tenant that a product to be sold at the tied
  35pub must be supplied by—

  (a)

  the landlord of the tied pub or a person who is a group
  undertaking in relation to the landlord, or

  (b)

  a person nominated by the landlord or by a person who is
  group undertaking in relation to the landlord;

• 40“the Pubs Code” means the regulations under section 42;

• “service tie” means any contractual obligation of a tied pub tenant to
  receive a service supplied by—

  (a)

  the landlord of the tied pub or a person who is a group
  undertaking in relation to the landlord, or

  (b)

  45a person nominated by the landlord or by a person who is a
  group undertaking in relation to the landlord;

• “stocking requirement” has the meaning given by section 68.

(2) In this Part, references to “rent”, in relation to a licence to occupy, are to be read
as references to the fee payable in respect of the licence.

73 Regulations under this Part

(1) Subject to subsection (2), regulations under this Part are subject to affirmative
5resolution procedure.

(2) Regulations under section 66(1)(c) are subject to negative resolution procedure.

(3) If a draft of an instrument containing regulations under section 71 would, apart
from this subsection, be treated for the purposes of the Standing Orders of
either House of Parliament as a hybrid instrument, it is to proceed as if it were
10not such an instrument.

Part 5 Childcare and schools

74 Funding for free of charge early years provision

(1) In section 13A of the Childcare Act 2006 (supply of information: free of charge
15early years provision)—

(a) in subsection (3), after “provision” insert “or for funding related to free
of charge early years provision”;

(b) in subsection (6), after “provision” insert “or for funding related to free
of charge early years provision”.

(2) 20In section 13B of that Act (unauthorised disclosure of information received
under section 13A), in subsection (2)(b), after “provision” insert “or for funding
related to free of charge early years provision”.

75 Exemption from requirement to register as early years provider

(1) In section 34(2) of the Childcare Act 2006 (requirement to register as early years
25provider) for “three” substitute “two”.

(2) In section 40(1)(b) of that Act (duty to implement Early Years Foundation
Stage) for “3” substitute “2”.

(3) In section 63(3) of that Act (applications for registration on the general
register)—

(a) 30in the words before paragraph (a), for “three” substitute “two”;

(b) in paragraph (c) (as it has effect prior to the coming into force of
paragraph 35(4) of Schedule 1 to the Education and Skills Act 2008) for
“three” substitute “two”.

(4) In section 99(1)(b) of that Act (provision of information about young children:
35England) for “3” substitute “2”.

(5) In section 94(5)(b) of the Education and Skills Act 2008 (independent
educational institution standards) for “three” substitute “two”.

76 Childminding other than on domestic premises

(1) Section 96 of the Childcare Act 2006 (meaning of early years and later years
provision etc.) is amended in accordance with subsections (2) to (5).

(2) In subsection (4) (definition of “early years childminding”)—

(a) 5omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on
domestic premises”.

(3) In subsection (5) (exception to subsection (4))—

(a) for “on domestic premises for reward” substitute “which would
10otherwise fall within subsection (4)”, and

(b) omit “on the premises”.

(4) In subsection (8) (definition of “later years childminding”)—

(a) omit “on domestic premises”, and

(b) after “reward” insert “, where at least half of the provision is on
15domestic premises”.

(5) In subsection (9) (exception to subsection (8))—

(a) for “on domestic premises for reward” substitute “which would
otherwise fall within subsection (8)”, and

(b) omit “on the premises”.

(6) 20In section 34 of that Act (requirement to register: other early years providers)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to early years
provision—

(a) if it is early years childminding in respect of which the
25person providing it is required to be registered under
section 33(1), or

(b) if it would be early years childminding but for section
96(5) and in respect of which the person providing it is
required to be registered under subsection (1A).”, and

(b) 30in subsection (1A) omit “on domestic premises”.

(7) In section 53 of that Act (requirement to register: other later years providers)—

(a) after subsection (1) insert—

“(1ZA) Subsection (1) does not apply in relation to later years
provision—

(a) 35if it is later years childminding in respect of which the
person providing it is required to be registered under
section 52(1), or

(b) if it would be later years childminding but for section
96(9) and in respect of which the person providing it is
40required to be registered under subsection (1A).”, and

(b) in subsection (1A) omit “on domestic premises”.

77 Registration of childcare: premises

Schedule 2 makes amendments for the purpose of removing the requirement
for certain childcare providers to be registered under the Childcare Act 2006 in
respect of each premises from which they operate.

5Part 6 Education evaluation

78 Assessments of effectiveness

(1) Part 3 of the Education and Skills Act 2008 is amended as follows.

(2) In section 87 (benefit and training information)—

(a) 10in each of subsections (2)(a) and (3)(a) omit “who has attained the age
of 19”;

(b) in subsection (3)(c) omit “(whether before or after the individual
attained the age of 19)”;

(c) in subsection (4)(a) omit “provided for persons who have attained the
15age of 19”;

(d) in subsection (4)(b) and (c) omit “such”, in each place.

(3) Omit section 91(6) (references to training or education do not include
references to higher education).

(4) In consequence of the amendments made by subsections (1) to (3)—

(a) 20for the Part heading substitute “Assessments of effectiveness of
education and training etc”;

(b) omit the italic heading before section 87.

79 Qualifications

(1) After section 253 of the Apprenticeships, Skills, Children and Learning Act
252009 insert—

“Qualifications

253A Qualifications

(1) A person in England may, in prescribed circumstances, provide
student information of a prescribed description to—

(a) 30the Secretary of State,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(2) A person in Wales may, in prescribed circumstances, provide student
35information of a prescribed description to—

(a) the Welsh Ministers,

(b) an information collator,

(c) a prescribed person, or

(d) a person falling within a prescribed category.

(3) In subsection (2) “prescribed” means prescribed in regulations made by
the Welsh Ministers.

(4) Subject to subsection (5)(a), information received under or by virtue of
this section is not to be published in any form which identifies the
5individual to whom it relates.

(5) This section—

(a) does not affect any power to provide or publish information
which exists apart from this section, and

(b) is subject to any express restriction on the provision of
10information imposed by another enactment.

(6) In this section—

• “information collator” means any body which, for the purposes of
  or in connection with functions of the Secretary of State or the
  Welsh Ministers, is responsible for collating or checking
  15information relating to regulated qualifications or relevant
  qualifications;

• “regulated qualification” has the meaning given by section 130(1);

• “relevant qualification” has the meaning given by section 30(5) of
  the Education Act 1997;

• 20“student information” means information (whether obtained
  under this section or otherwise) relating to an individual who is
  seeking or has sought to obtain, or has obtained, a regulated
  qualification or a relevant qualification”.

(2) In section 262 of the Apprenticeships, Skills, Children and Learning Act 2009
25(orders and regulations)—

(a) in subsection (1) (orders and regulations to be made by statutory
instrument etc) after “Part 3 or 4” insert “, or section 253A”, and

(b) in subsection (9) (statutory instruments which are subject to annulment
in pursuance of a resolution of the National Assembly for Wales if
30containing regulations etc made by the Welsh Ministers) for “or 107”
substitute “, 107 or 253A”.

80 Destinations

Before section 50 of the Further and Higher Education Act 1992 insert—

“49B Destinations

(1) 35The Secretary of State may provide destination information to the
governing body of an institution in England within the further
education sector.

(2) The Welsh Ministers may provide destination information to the
governing body of an institution in Wales within the further education
40sector.

(3) In this section “destination information”, in relation to an institution,
means information which—

(a) relates to a former student of the institution, and

(b) includes information as to prescribed activities of the former
45student after leaving the institution.