12Addition of further franchisees by novation

#### 12 Addition of further franchisees by novation (1) Where a franchisee, by notice in writing served on the franchisor, requests the consent of the franchisor to a novation of the franchise agreement the sole purpose of which is to join a person or persons specified in the notice as an additional franchisee or additional franchisees, the franchisor shall not unreasonably withhold its consent and, where its consent is unreasonably withheld, it shall be deemed to have granted its consent. (2) Where a franchisor withholds consent to a proposed novation the sole purpose of which is to join, as franchisee, a person who is none of the following: (a) a person with prescribed experience; (b) a member of the franchisee’s immediate family; (c) a company controlled by the franchisee; then, for the purposes of subsection (1), the consent of the franchisor shall be deemed to be reasonably withheld. (3) Where a franchisor requires payment or other consideration for its consent to a proposed novation of the kind referred to in subsection (1) (other than payment of reasonable administrative and legal costs incurred in the giving of consent), the consent shall be deemed to be unreasonably withheld. (4) Nothing in this section shall be taken to limit the grounds upon which consent to a proposed novation may be reasonably withheld. (5) Where, in relation to a franchise agreement, there occurs a novation of the kind referred to in subsection (1), sections 13, 15, 17, 17A and 17B apply in relation to the new agreement as if it were a continuation, without interruption, of the first‑mentioned agreement. (6) In this section, person with prescribed experience has the same meaning as in section 11.