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

Changes to legislation:

There are currently no known outstanding effects for the Commercial Rent (Coronavirus) Act 2022, Section 5. Help about Changes to Legislation

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PART 1Introductory provisions

5“Protected period”

(1)

The “protected period”, in relation to a business tenancy adversely affected by coronavirus, is the period beginning with 21 March 2020 and ending with—

(a)

where the business tenancy comprises premises in England—

(i)

if subsection (2) identifies a day earlier than 18 July 2021, that day, or

(ii)

in any other case, 18 July 2021;

(b)

where the business tenancy comprises premises in Wales—

(i)

if subsection (2) identifies a day earlier than 7 August 2021, that day, or

(ii)

in any other case, 7 August 2021.

(2)

The relevant day for the purposes of subsection (1)(a)(i) or (b)(i) is the last day on which (or for part of which)—

(a)

the whole or part of the business carried on by the tenant at or from the premises, or

(b)

the whole or part of those premises,

was of a description subject to either a closure requirement or a specific coronavirus restriction.

(3)

In subsection (2)specific coronavirus restriction” means a restriction or requirement (other than a closure requirement) imposed by coronavirus regulations which regulated any aspect of—

(a)

the way a business, or a part of a business, of any specified description was to be carried on, or

(b)

the way any premises, or any part of premises, of a specified description were or was to be used.

(4)

But for the purposes of subsection (3)—

(a)

requirements to display or provide information on premises (or parts of premises), and

(b)

restrictions applying more generally than to specific descriptions of businesses or premises (or parts of businesses or premises),

are not specific coronavirus restrictions.

(5)

In this section “closure requirement” and “coronavirus regulations” have the same meaning as in section 4.

Annotations:
Commencement Information

I1S. 5 in force at Royal Assent, see s. 31(4)