Legislation – Commercial Rent (Coronavirus) Act 2022

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Introduction

PART 1
Introductory provisions

1 Overview

2 “Rent” and “business tenancy”

3 “Protected rent debt”

4 “Adversely affected by coronavirus”

5 “Protected period”

6 “The matter of relief from payment”

PART 2
Arbitration

7 Approval of arbitration bodies

8 Functions of approved arbitration bodies

9 Period for making a reference to arbitration

10 Requirements for making a reference to arbitration

11 Proposals for resolving the matter of relief from payment

12 Written statements

13 Arbitration awards available

14 Arbitrator’s award on the matter of relief from payment

15 Arbitrator’s principles

16 Arbitrator: assessment of “viability” and “solvency”

17 Timing of arbitrator’s award

18 Publication of award

19 Arbitration fees and expenses

20 Oral hearings

21 Guidance

22 Modification of Part 1 of the Arbitration Act 1996

PART 3
Moratorium on certain remedies and insolvency arrangements

23 Temporary moratorium on enforcement of protected rent debts

24 Alteration of moratorium period

25 Temporary restriction on initiating certain insolvency arrangements

26 Temporary restriction on initiating arbitration proceedings

27 Temporary restriction on winding-up petitions and petitions for bankruptcy orders

PART 4
Final provisions

28 Power to apply Act in relation to future periods of coronavirus control

29 Concurrent power for Welsh Ministers to apply moratorium provisions again

30 Crown application

31 Extent, commencement and short title

SCHEDULES

SCHEDULE 1 Modifications of the Arbitration Act 1996 in relation to arbitrations under this Act

SCHEDULE 2 Temporary moratorium on enforcement of protected rent debts

SCHEDULE 3 Winding-up and bankruptcy petitions

PART 4Final provisions

29Concurrent power for Welsh Ministers to apply moratorium provisions again

(1)

The Welsh Ministers may exercise the power conferred by section 28, concurrently with the Secretary of State, so far as it relates to the re-application, in relation to Welsh business tenancies, of—

(a)

Schedule 2 apart from paragraph 3(6) and (7),

(b)

section 23 so far as relating to Schedule 2 apart from paragraph 3(6) and (7), and

(c)

Part 1 and this Part, so far as relating to the provisions mentioned in paragraphs (a) and (b).

(2)

Section 28 has effect in relation to regulations made by the Welsh Ministers by virtue of this section as if—

(a)

references to the Secretary of State were to the Welsh Ministers,

(b)

subsection (2)(a)(i) and (iii) and (b) were omitted,

(c)

in subsection (8)—

(i)

the references in paragraph (a) to provisions of this Act were references to provisions mentioned in subsection (1)(a) to (c) above, and

(ii)

the reference in paragraph (c) to an Act of Parliament included a reference to an Act or Measure of Senedd Cymru,

(d)

subsection (10) were omitted, and

(e)

in subsection (11)(b), for “each House of Parliament” there were substituted “Senedd Cymru”.

(3)

In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 11(6)(b) (exceptions to restrictions relating to Ministers of the Crown)—

(a)

omit the “or” at the end of paragraph (vi), and

(b)

after paragraph (vii) insert “; or

(viii)

section 28 of the Commercial Rent (Coronavirus) Act 2022.”