Question 1

Does the UK have a specific law regulating franchising?

Accepted Answer

No. There is no franchise-specific statute anywhere in the UK, in England, Wales, Scotland or Northern Ireland. Franchise agreements are governed by ordinary contract law, competition law and case law, not by a dedicated franchising act.

Question 2

Does Scots law give a franchisee the same misrepresentation protection as English law?

Accepted Answer

No. The Misrepresentation Act 1967 does not extend to Scotland. A Scottish franchisee's remedy instead comes from the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, which does not reverse the burden of proof onto the franchisor in the way the English Act does.

Question 3

Can a franchise lease in Northern Ireland be contracted out of security of tenure?

Accepted Answer

No. Under the Business Tenancies (Northern Ireland) Order 1996, a business tenancy running for more than nine months gets automatic security of tenure, and unlike in England and Wales, the landlord and tenant cannot contract out of that protection.

Question 4

Is Welsh law different from English law for franchise agreements?

Accepted Answer

No. Wales does not have a separate legal system. Franchise agreements in Wales fall under the single England and Wales jurisdiction, using the same statutes, the same courts and the same misrepresentation and lease rules as an agreement drafted for England.

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