The Pubs Code Adjudicator has published a document explaining how
conflicts of interest will be handled by the office of the Pubs
Code Adjudicator.
The register has been updated as at 08 August 2022.
The Pubs Code Adjudicator’s role is to enforce the Pubs Code.
In doing so the Adjudicator has various powers and functions,
including to resolve, or appoint another person to resolve,
individual disputes through arbitration in relation to breaches
of the Pubs Code etc Regulations 2016 (‘the Code’) and to
investigate a suspicion of breaches of the Code. This guidance
reflects the activities and work carried out in support of these
statutory powers and functions.
Not all outside interests will preclude participation in a
particular activity, arbitration or investigation. The
Adjudicator and Compliance Officer will look at all potential
conflicts of interests and ensure that no conflict arises from
either the dual role of the Adjudicator as arbitrator and
regulator or otherwise in the performance of the Adjudicator’s
statutory functions. The Adjudicator is the decision maker in the
key activities of arbitrations and investigations, and therefore
the emphasis of this guidance concerns the Adjudicator.
2.This note explains how conflicts of interest will be handled by
the office of the Pubs Code Adjudicator (the PCA office) to
ensure that no conflict arises, or could reasonably be perceived
to arise, between the official position of the Pubs Code
Adjudicator and private interests, financial or otherwise arising
from outside interests. Reference to the PCA applies to any
Deputy or Acting PCA in post. This note also explains how the PCA
team and external advisers’ conflicts of interest will be
handled.
3.The policy note complies with the obligation placed on the
Adjudicator under paragraph 10(1) – (3) of Part 1 of Schedule 1
to the Small
Business, Enterprise and Employment Act 2015.
4.The Adjudicator and PCA team will behave in accordance with the
Seven Principles of Public Life: selflessness, integrity,
objectivity, accountability, openness, honesty and leadership
(see Annex A for full details). The approach to dealing with the
outside interests of the Adjudicator and PCA team is founded on
these principles.
5.The Adjudicator and PCA team will prevent conflicts of interest
by disclosing potentially relevant outside interests for
inclusion in the PCA register of interests. A template of the
register is contained in Annex B below. Details from the register
will inform decisions about how to handle any conflicts or
potential conflicts. The principle ‘if in doubt, disclose’ is
applied. A Compliance Officer, the PCA Director, is responsible
for ensuring the register is reviewed to remain current.
6.The procedure applies to the Adjudicator and all other members
of the PCA team and any external advisers. Each case will be
considered proportionately and on its merits having regard to the
particular circumstances.
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