17BGeneral provisions relating to renewal and non‑renewal

#### 17B General provisions relating to renewal and non‑renewal (1) Without limiting the generality of subsections 17(1) and 17A(5), where: (a) a franchisor offers to renew the franchise agreement; (b) the provisions of the agreement as proposed to be renewed differ from those of the earlier agreement; and (c) the differences have not been set out in a proposal made in accordance with subsection 17A(2) in a notice served under subsection 17A(1); the franchisor shall, for the purposes of this Part, but subject to subsections (2) and (3), be taken to have refused or failed to renew the earlier agreement. (2) For the purposes of this Part, a franchisor shall not be taken to have failed or refused to renew a franchise agreement by reason only that, in relation to the agreement as renewed, there is substituted for that franchisor a different franchisor, if: (a) that different franchisor is a corporation related to the first‑mentioned franchisor; and (b) the first‑mentioned franchisor has agreed in writing to indemnify the franchisee in respect of any loss or damage resulting from any breach by that different franchisor of its obligations under this Act or under the franchise agreement as renewed. (3) For the purposes of this Part, a franchisor is not required, and shall not be taken to have failed or refused, to renew the franchise agreement if consent in writing to the non‑renewal was given by the franchisee at any time after the commencement, and before the expiration, of the agreement, being a time, in the case of an agreement in effect immediately before the date of commencement of this Act: (a) except where paragraph (b) applies—on or after that date; or (b) where the franchisor has, before that date, in good faith and in the normal course of business, entered into an agreement to grant or dispose of an interest in, or to grant a licence in relation to, the marketing premises—before that date. (4) Where: (a) a franchise agreement (in this subsection referred to as the original agreement) has been entered into otherwise than by way of renewal; (b) the provisions of section 17 of this Act as in force before 1 January 1985, or of sections 17 and 17A of this Act as in force on and after that date, or both, have applied in relation to a renewal, or 2 or more consecutive renewals, of the original agreement; and (c) the term or terms of the agreement as so renewed, together with the term of the original agreement, amount in the aggregate to 9 years or more; sections 17 and 17A of this Act as in force on and after that date do not apply in relation to the renewal of the agreement when the term of the agreement next expires, but, if the franchisor voluntarily renews the agreement, those sections and this section (subject to section 6) apply again as if the agreement as so voluntarily renewed were entered into otherwise than by way of renewal. (5) Sections 17 and 17A do not apply in relation to a franchise agreement whose term is 9 years or more. (6) For the purposes of this section, a reference to the term of an agreement includes a reference to any part of the term that occurred at a time when this Act did not apply in relation to the agreement, other than a time before 19 September 1980.