- alcohol
has the meaning given by section 191 of the Licensing Act 2003;
- appropriate authority
means—
- arbitration agreement
has the same meaning as in section 6 of the Arbitration Act 1996;
- Arrangement
has the meaning given by paragraph 21. 13 1 In relation to a legal entity that has a share capital, a reference to holding “more than 25% of the shares” in that entity is to holding shares comprised in the issued share capital of that entity of a nominal value exceeding (in aggregate) 25% of that share capital. 2 In relation to a legal entity that does not have a share capital— a a reference to holding shares in that entity is to holding a right to share in the capital or, as the case may be, profits of that entity;
- cancellation date
has the meaning given by paragraph 6(6);
- cancellation order
has the meaning given by paragraph 5(2);
- Commencement date
means the date on which the secondary legislation making or amending the regulatory provision comes into force for any purpose.
- commodity code
means a code or other identifier applied to a category of goods in connection with the preparation of statistics on exports from the United Kingdom (whether or not it is also applied for other purposes).
- Companies Acts
has the same meaning as in the Companies Act 2006 (see section 2 of that Act);
- company
includes overseas company.”
- Concessionary coal
means coal or other solid fuel supplied free of charge or at reduced prices.
- costs sum
has the meaning given by section 37A;
- court
has the same meaning as in section 6;
- designated bank
means a bank that has been designated by the Treasury by virtue of section 4(7) or 5(9);
- designated credit reference agency
means a credit reference agency that has been designated by the Treasury by virtue of section 4(7);
- designated finance platform
means a finance platform that has been designated by the Treasury by virtue of section 5(9);
- devolved Welsh authority
has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
- director
includes a shadow director.”
- electronic presentment or purported electronic presentment of an instrument
includes— a presentment of an instrument to which section 89A applies under that section;
- employer
has the same meaning as in section 12A;
- enactment
includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation;
- enforcement officer
means a person appointed or authorised to act under section 37M;
- England and Wales enactment
means any enactment so far as it forms part of the law of England and Wales, • “home business tenancy” has the same meaning as in section 43ZA of the Landlord and Tenant Act 1954.
- finance platform
means a person that provides a service for the exchange of information between finance providers and businesses that require finance;
- finance provider
means a body corporate that— (a) lends money or provides credit in the course of a business, (b) arranges or facilitates the provision of debt or equity finance in the course of a business, or (c) provides, arranges or facilitates invoice discounting or factoring in the course of a business, and regulations under sections 4 and 5 may make further provision for the purpose of determining which finance providers they apply to;
- financial assessment
means an assessment of a kind mentioned in subsection (1)(a), (b) or (c);
- financial award
has the meaning given by section 37A;
- financial services
means any service of a financial nature, including (but not limited to)—
- financial trading
means trading for own account or for account of customers, whether on an investment exchange, in an over-the-counter market or otherwise, in—
- financial year
means a period of 12 months beginning with 1 April and ending with 31 March;
- foreign limited partner
means an individual who— a participates in arrangements established under the law of a country or territory outside the United Kingdom, and b has the characteristics prescribed by regulations made by the Secretary of State. 6 Regulations under this paragraph may, in particular, prescribe characteristics by reference to— a the nature of arrangements;
- general duties of directors
means the duties specified in sections 171 to 177 of that Act;
- give
includes deliver, furnish or send;
- grace period
has the meaning given by paragraph 6(3)(b);
- group undertaking
has the meaning given by section 1161 of the Companies Act 2006;
- home business
has the same meaning as in section 43ZA.”
- home business tenancy
has the same meaning as in section 43ZA of the Landlord and Tenant Act 1954.
- independent assessor
has the meaning given by section 44;
- 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 information relating to regulated qualifications or relevant qualifications;
- initial period
means the period of 28 days beginning with the day on which the moratorium comes into force. 3A If the company meeting has not first met before the end of the initial period the moratorium ends at the end of that period, unless before the end of that period it is extended under paragraph 32. 3B If the company's creditors have not decided whether to approve the proposed voluntary arrangement before the end of the initial period the moratorium ends at the end of that period, unless before the end of that period— a the moratorium is extended under paragraph 32, or b a meeting of the company's creditors is summoned in accordance with section 246ZE. 3C Where sub-paragraph (3B)(b)
- 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;
- let
includes sub-let;
- licence
means a licence to occupy premises;
- licensed premises
has the same meaning as in the Licensing Act 2003 (see section 193 of that Act);
- limited partner
means— a a limited partner in a limited partnership registered under the Limited Partnerships Act 1907 (other than one who takes part in the management of the partnership business), or b a foreign limited partner. 5 In this paragraph “foreign limited partner” means an individual who— a participates in arrangements established under the law of a country or territory outside the United Kingdom, and b has the characteristics prescribed by regulations made by the Secretary of State. 6 Regulations under this paragraph may, in particular, prescribe characteristics by reference to— a the nature of arrangements;
- market in the United Kingdom
includes— (a) so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory;
- market rent only option
means the option for the tied pub tenant—
- micro business
means an undertaking which meets the following conditions (“the micro business size conditions”)—
- Minister of the Crown
has the same meaning as in the Ministers of the Crown Act 1975;
- non-contractual zero hours arrangement
means an arrangement other than a worker's contract under which— a an employer and an individual agree terms on which the individual will do any work where the employer makes it available to the individual and the individual agrees to do it, but b the employer is not required to make any work available to the individual, nor the individual required to accept it, and in this section “employer”, in relation to a non-contractual zero hours arrangement, is to be read accordingly. 5 Provision that may be made by regulations under subsection (1) includes provision for— a modifying— i zero hours contracts;
- notice
includes any document or information in any other form;
- particulars
means— i in the case of a registrable person or a registrable relevant legal entity, the required particulars (see section 790K), and ii in any other case, any particulars that will allow the person to be contacted by the company. 790E 1 This section applies if particulars of a registrable person or registrable relevant legal entity are stated in a company's PSC register. 2 The company must give notice to the person or entity if the company knows or has reasonable cause to believe that a relevant change has occurred. 3 In the case of a registrable person, a “relevant change” occurs if— a the person ceases to be a registrable person in relation to the company, or b any other change occurs as a result of which the particulars stated for the person in the PSC register are incorrect or incomplete. 4 In the case of a registrable relevant legal entity, a “relevant change” occurs if— a the entity ceases to be a registrable relevant legal entity in relation to the company, or b any other change occurs as a result of which the particulars stated for the entity in the PSC register are incorrect or incomplete. 5 The company must give the notice as soon as reasonably practicable
- penalty
means a financial penalty under this section. 391G 1 Before imposing a penalty on a recognised professional body, the Secretary of State must give notice to the body— a stating that the Secretary of State proposes to impose a penalty and the amount of the proposed penalty, b specifying the requirement in question, c stating why the Secretary of State is satisfied as mentioned in section 391F(1), and d specifying a period within which the body may make written representations with respect to the proposal. 2 The period specified under subsection (1)(d)— a must begin with the date on which the notice is given to the body, and b must not be less than 28 days. 3 On the expiry of that period, the Secretary of State must decide— a whether to impose a penalty, and b whether the penalty should be the amount stated in the notice or a reduced amount. 4 The Secretary of State must give notice of the decision to the body. 5 Where the Secretary of State decides to impose a penalty, the notice under subsection (4) must— a state that the Secretary of State has imposed a penalty on the body and its amount, b specify the requirement in question and state— i why it appears to the Secretary
- penalty notice
has the meaning given by section 37F;
- postponement
includes adjournment.”
- premises licence
has the same meaning as in that Act.
- prescribed
means prescribed by the exit payments regulations.
- prescribed information
means information of a kind that is prescribed in the regulations.
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, and (d) Northern Ireland legislation.
- 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 pub 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;
- public authority
means— (a) a public authority within the meaning of the Freedom of Information Act 2000 (see section 3 of that Act), or (b) the Advanced Research and Invention Agency.
- Pubs Code dispute
means a dispute—
- Qualifying activity
means any activity carried on—
- qualifying decision procedure
means a procedure prescribed or authorised under paragraph 8A of Schedule 8. 246ZF 1 The deemed consent procedure may be used instead of a qualifying decision procedure where a company's creditors or contributories are to make a decision about any matter, unless— a a decision about the matter is required by virtue of this Act, the rules, or any other legislation to be made by a qualifying decision procedure, or b the court orders that a decision about the matter is to be made by a qualifying decision procedure. 2 If the rules provide for a company's creditors or contributories to make a decision about the remuneration of any person, they must provide that the decision is to be made by a qualifying decision procedure. 3 The deemed consent procedure is that the relevant creditors (other than opted-out creditors) or (as the case may be) the relevant contributories are given notice of— a the matter about which they are to make a decision, b the decision that the person giving the notice proposes should be made (the “proposed decision”), c the effect of subsections (4) and (5), and d the procedure for objecting to the proposed decision. 4 If less than the
- Registration information
means—
- regulated activities
has the same meaning as in the Financial Services and Markets Act 2000 (see section 22 of that Act);
- regulated qualification
has the meaning given by section 130(1);
- Regulatory function
has the same meaning in this section and section 17 as in the Legislative and Regulatory Reform Act 2006 (see section 32(2) to (4) of that Act).
- Regulatory objectives
means the objectives of— a having a system of regulating persons acting as insolvency practitioners that— i secures fair treatment for persons affected by their acts and omissions, ii reflects the regulatory principles, and iii ensures consistent outcomes, b encouraging an independent and competitive insolvency-practitioner profession whose members— i provide high quality services at a cost to the recipient which is fair and reasonable, ii act transparently and with integrity, and iii consider the interests of all creditors in any particular case, c promoting the maximisation of the value of returns to creditors and promptness in making those returns, and d protecting
- regulatory principles
means— a the principles that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and b any other principle appearing to the body concerned (in the case of the duty under section 391B(1)), or to the Secretary of State (in the case of the duty under section 391B(2)), to lead to best regulatory practice.”
- relevant appeal
has the meaning given by section 37A;
- Relevant change
has the same meaning as in section 790E. 790I Schedule 1B contains provisions for when a person (whether an individual or a legal entity) fails to comply with a notice under section 790D or 790E or a duty under section 790G or 790H. 790J 1 The Secretary of State may exempt a person (whether an individual or a legal entity) under this section. 2 The effect of an exemption is— a the person is not required to comply with any notice under section 790D(2) or 790E (but if a notice is received, the person must bring the existence of the exemption to the attention of the company that sent it), b companies are not obliged to take steps or give notice under those sections to or with respect to that person, c notices under section 790D(5) do not require anyone else to give any information about that person, d the duties imposed by sections 790G and 790H do not apply to that person, and e the person does not count for the purposes of section 790M as a registrable person or, as the case may be, a registrable relevant legal entity in relation to any company. 3 The Secretary of State must not grant an exemption under this section unless the Secretary of State is satisfied that,
- Relevant contributories
means the contributories who, if the decision were to be made by a qualifying decision procedure, would be entitled to vote in the procedure. 9 In this section references to creditors include creditors of a particular class. 10 The rules may make further provision about the deemed consent procedure. 246ZG 1 The Secretary of State may by regulations amend section 246ZE so as to change the definition of— a the minimum number of creditors;
- Relevant creditors
means the creditors who, if the decision were to be made by a qualifying decision procedure, would be entitled to vote in the procedure. 8 “Relevant contributories” means the contributories who, if the decision were to be made by a qualifying decision procedure, would be entitled to vote in the procedure. 9 In this section references to creditors include creditors of a particular class. 10 The rules may make further provision about the deemed consent procedure. 246ZG 1 The Secretary of State may by regulations amend section 246ZE so as to change the definition of— a the minimum number of creditors;
- Relevant information
means information other than— a the date mentioned in section 113(2)(b) (date when person registered as member), b the date mentioned in section 123(3)(b) (date when membership of limited company increases from one to two or more members), and c the dates mentioned in the following provisions, but only in cases where the date to be recorded in the central register is to be the date on which the document containing information of the relevant change is registered by the registrar— i section 113(2)(c) (date when person ceases to be member), ii section 123(2)(b) (date when company becomes single member company). 4 The relevant information must be delivered as soon as reasonably practicable after the company becomes aware of it and, in any event, no later than the time by which the company would have been required to enter the information in its register of members. 5 In a case of the kind described in subsection (3)(c), the company must, when it delivers information under subsection (2) of the relevant change, indicate to the registrar that, in accordance with section 1081(1A), the date to be recorded in the central register is to be the date on which the docume
- Relevant insolvency proceedings
means— a administration within the meaning of the Insolvency Act 1986, b administration within the meaning of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or c proceedings under the insolvency law of another country or territory during which an entity's assets and affairs are subject to the control or supervision of a third party or creditor. 4 Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account. 23 Rights attached to shares held by way of security provided by a person are to be treated for the purposes of this Schedule as held by that person— a where apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in accordance with that person's instructions, and b where the shares are held in connection with the granting of loans as part of normal business activities and apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in that person's interests. 24 1 The Secretary of State
- relevant market
means any of the markets mentioned in article 4(1) of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001. 853F 1 This section applies where— a a non-traded company makes a confirmation statement, and b there is no election in force under section 128B in respect of the company. 2 A “non-traded company” is a company none of whose shares were, at any time during the confirmation period concerned, shares admitted to trading on a relevant market or on any other market which is outside the United Kingdom. 3 The company must deliver the information falling within subsection (5) to the registrar at the same time as it delivers the confirmation statement. 4 Subsection (3) does not apply if and to the extent that the information most recently delivered to the registrar under this section applies equally to the confirmation period concerned. 5 The information is— a the name (as it appears in the company's register of members) of every person who was at any time during the confirmation period a member of the company, b the number of shares of each class held at the end of the confirmation date concerned by each person who wa
- relevant proceedings
means proceedings brought in or in connection with the exercise of any function conferred on the body by the Regulations.
- relevant public sector scheme
means— (a) a scheme under section 1 of the Superannuation Act 1972 (civil servants);
- relevant qualification
has the meaning given by section 30(5) of the Education Act 1997;
- relevant qualifying decision procedure
means the qualifying decision procedure in which the creditors decided whether to approve the voluntary arrangement;
- relevant recognised professional body
has the same meaning as in section 391O. 391R 1 The Secretary of State may give a direction (a “direct sanctions direction”) in relation to a person acting as an insolvency practitioner to the relevant recognised professional body (instead of applying, or continuing with an application, for a direct sanctions order against the person) if the Secretary of State is satisfied that— a condition 1 and at least one of conditions 2, 3, 4 and 5 are met in relation to the person (see section 391Q), and b it is in the public interest for the direction to be given. 2 But the Secretary of State may not give a direct sanctions direction in relation to a person without that person's consent. 3 A direct sanctions direction may require the relevant recognised professional body to take all necessary steps to secure that— a the person is no longer authorised (whether fully or partially) to act as an insolvency practitioner;
- relevant Scottish authority
means—
- Relevant sum
means— a a financial award, or b a settlement sum. 6 “Relevant appeal”, in relation to a financial award, means an appeal against— a the decision on the claim to which it relates, b a decision to make, or not to make, an order in respect of a financial award (including any costs sum) on the claim, c the amount of any such award, or d any decision made on an appeal within paragraphs (a) to (c) or this paragraph. 7 Sections 37B to 37D apply for the purposes of calculating the unpaid amount on any day of a relevant sum. 37B 1 In the case of a financial award, the unpaid amount on any day means the amount outstanding immediately before that day in respect of— a the initial amount of the financial award (see subsection (2)), and b interest payable in respect of the financial award by virtue of section 14. 2 The initial amount of a financial award is— a in a case to which section 16 applies, the monetary award within the meaning of that section (see section 17(3)), together with any costs sum, and b in any other case, the sum or sums of money ordered to be paid (including any costs sum). 3 An amount in respect of a financial award is not to be regarded as outstanding— a wh
- relevant Welsh exit payments
means exit payments made to holders of the following offices—
- renewal
means in relation to a tenancy or a licence for the purposes of subsection (6).
- reporting period
means—
- responsible authority
means an authority by which any qualifying exit payments are payable, and • “prescribed” means prescribed by the exit payments regulations.
- Restricted DOB information
means information falling within section 1087A(1).”
- reviewer
has the same meaning as in section 17.
- right of surrender
has the meaning given by paragraph 1(3).
- Secondary legislation
means orders, regulations or rules made under any Act.
- section 16(2) activities
means activities concerned with any of the matters within section 16(2);
- 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) a person nominated by the landlord or by a person who is a group undertaking in relation to the landlord;
- Settlement sum
means a sum payable by an employer to a worker under the terms of a settlement in respect of which a certificate has been issued under section 19A(1). 5 “Relevant sum” means— a a financial award, or b a settlement sum. 6 “Relevant appeal”, in relation to a financial award, means an appeal against— a the decision on the claim to which it relates, b a decision to make, or not to make, an order in respect of a financial award (including any costs sum) on the claim, c the amount of any such award, or d any decision made on an appeal within paragraphs (a) to (c) or this paragraph. 7 Sections 37B to 37D apply for the purposes of calculating the unpaid amount on any day of a relevant sum. 37B 1 In the case of a financial award, the unpaid amount on any day means the amount outstanding immediately before that day in respect of— a the initial amount of the financial award (see subsection (2)), and b interest payable in respect of the financial award by virtue of section 14. 2 The initial amount of a financial award is— a in a case to which section 16 applies, the monetary award within the meaning of that section (see section 17(3)), together with any costs sum, and b in any
- small business
means an undertaking other than a micro business (see subsection (3)) which meets the following conditions (“the small business size conditions”)—
- specified
means specified in an order or regulations under this section. 6 Orders and regulations under this section— a are to be made by statutory instrument;
- stocking requirement
has the meaning given by section 68.
- 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”
- subordinate legislation
has the same meaning as in the Interpretation Act 1978 (see section 21 of that Act);
- subsequent authority
means—
- supply of alcohol
has the same meaning as in the Licensing Act 2003 (see section 14 of that Act).”
- surplus
means money held by the Adjudicator at the end of a financial year less liabilities shown in the Adjudicator's statement of accounts for that financial year.
- surrender period
has the meaning given by paragraph 1(2);
- suspended cancellation order
has the meaning given by paragraph 6(3);
- suspension period amount
has the meaning given by paragraph 3(7);
- 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) by 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.
- the 1986 Act
means the Insolvency Act 1986.”
- the 2002 Order
means the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)).
- the Adjudicator
means the Pubs Code Adjudicator;
- the appropriate national authority
means— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the Welsh Ministers;
- the appropriate rate
means the rate that, on the date the sum was paid or recovered, was specified in section 17 of the Judgments Act 1838. 37K 1 Where an enforcement officer— a withdraws a penalty notice (“the original penalty notice”) under section 37J, and b is satisfied that the employer failed to pay the specified amount in full before the specified date in accordance with the warning notice in relation to which the original penalty notice was given, the officer may at the same time give another penalty notice in relation to the warning notice (“the replacement penalty notice”). 2 The replacement penalty notice must— a indicate the differences between it and the original penalty notice that the enforcement officer reasonably considers material, and b indicate the effect of section 37L. 3 Failure to comply with subsection (2) does not make the replacement penalty notice ineffective. 4 Where a replacement penalty notice is withdrawn under section 37J, no further replacement penalty notice may be given under subsection (1) pursuant to the withdrawal. 5 Nothing in this section affects any power that arises apart from this section to give a penalty notice. 37L 1 This section appl
- the court
means the High Court or, in Scotland, the Court of Session;
- the office-holder
means the administrator or the liquidator, as the case may be. 2 The office-holder may assign a right of action (including the proceeds of an action) arising under any of the following— a section 213 or 246ZA (fraudulent trading);
- the Pubs Code
means the regulations under section 42;
- the UK GDPR
has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).
- tied pub
means premises in relation to which conditions A to D are met.
- tied pub tenant
means a person—
- undertaking
means— (a) a person carrying on one or more businesses;
- unfair business practice
means a business practice which—
- VAT
means value added tax charged in accordance with the Value Added Tax Act 1994.
- Voluntary or community body
means any of the following—
- warning notice
has the meaning given by section 37E(2);
- Westminster legislation
means— (a) an Act of Parliament, or (b) subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978).”
- worker
has the same meaning as in section 12A. 2 References in this Part to an employer, in relation to a warning notice or penalty notice, are to the person to whom the notice is given (whether or not the person is an employer at the time in question). 3 For the purposes of this Part a relevant sum is to be regarded as having been paid in full when the amount unpaid in respect of that sum on the date of payment has been paid. 4 For the purposes of this Part, a penalty notice is given in relation to a warning notice if it is given as the result of a failure by the employer to pay the specified amount before the specified date. 5 The Secretary of State may by regulations amend this section
- zero hours contract
means a contract of employment or other worker's contract under which— a the undertaking to do or perform work or services is an undertaking to do so conditionally on the employer making work or services available to the worker, and b there is no certainty that any such work or services will be made available to the worker. 2 For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services. 3 Any provision of a zero hours contract which— a prohibits the worker from doing work or performing services under another contract or under any other arrangement, or b prohibits the worker from doing so without the employer's consent, is unenforceable against the worker. 4 Subsection (3) is to be disregarded for the purposes of determining any question whether a contract is a contract of employment or other worker's contract. 27B 1 The Secretary of State may by regulations make provision for the purpose of securing that zero hours workers, or any description of zero hours workers, are not restricted by any provision or purported provision of their contracts or arrangements wit
- zero hours workers
means— a employees or other workers who work under zero hours contracts;