9APayments by franchisee not to be increased unreasonably

#### 9A Payments by franchisee not to be increased unreasonably (1) Where: (a) a provision of a franchise agreement or any other agreement to which the franchisee is a party has the effect, directly or indirectly, of conferring a right on the franchisor to increase an amount, or the aggregate of the amounts, that would, but for the exercise of that right, be payable by the franchisee in accordance with, or in a manner calculated or determined under, the franchise agreement; (b) in the exercise of that right, the franchisor increases such an amount, or the aggregate of such amounts; and (c) the whole or part of the amount of the increase is unreasonable, having regard to the market value of any interest, goods or services to which any amount included in the increase relates; the amount of the increase is, by force of this section, reduced by so much of the amount of the increase as is unreasonable. (2) Where: (a) by reason of any agreement providing for any rebate, waiver, discount, allowance or like arrangement, an amount, or the aggregate of the amounts, payable by a franchisee in accordance with, or in a manner calculated or determined under, the franchise agreement is less than it would otherwise be; (b) at a later time, by reason of the reduction or withdrawal of the whole or part of the benefit of the agreement referred to in paragraph (a), any such amounts, or the aggregate of such amounts, is increased; and (c) the whole or part of the amount of the increase is unreasonable, having regard to the market value of any interest, goods or services to which any amount included in the increase relates; the amount of the increase is, by force of this section, reduced by so much of the amount of the increase as is unreasonable. (3) For the purposes of this section, where a franchise agreement has been renewed, the franchise agreement and the franchise agreement as renewed shall be treated as a single franchise agreement. (4) This section shall be deemed to have extended to an increase or, where more than one, to have extended successively to each increase, made at any time before the date of commencement of this section, but, in relation to any such increase, has effect only for purposes of determining the amount of a payment that becomes due on or after that date. (5) In this section: > agreement, except in the expression franchise agreement, includes an agreement that is not a franchise agreement. > amount does not include an amount payable in respect of motor fuel or other stock in trade.