Business: Scottish Regulators Forum - terms of reference

Document purpose

The purpose of this document is to set out the terms of reference, composition, and operating arrangements of the regulators forum to ensure it is successfully led and managed and delivers its desired outcomes.

Scope

The forum will facilitate discussions on how existing and future regulation supports the Scottish Government’s investment and economic growth aims and share best practice among Regulators and the Scottish Government.

It will also support the Scottish Government’s objectives under the Public Service Reform (PSR) Strategy that seeks to change our system of public services to unblock barriers to change, to be preventative, to be better joined up and to be efficient. The strategy also sets out the foundations to enable change, one of which is ensuring the right delivery landscape. The forum will operate as a ‘regulatory cluster’ bringing together Scottish regulators and facilitating the progress of the delivery landscape and wider PSR priorities. 

In the first instance, the forum will review the current Scottish Regulators Strategic Code of Practice and provide feedback to enable an updated version to be published and thereafter develop and promote best practice in its implementation, keeping it under periodic review.

Responsibilities of the forum

The forum will:

• consider potential risks to success, and/or dependencies of the various workstreams, co-ordinating to ensure the strongest possible outcomes
• consider and agree key actions which can contribute to the success of the work and monitor progress and delivery
• ensure appropriate links are made between stakeholders
• when required produce reports, minutes, or recommendations to be reviewed by members

Responsibilities of the members

When required members will:

• provide feedback on how existing regulations are being implemented and enforced
• consider how they carry out their functions, highlighting difficulties and sharing good practice with others
• offer suggestions for improvement or clarification of regulatory requirements
• offer insights on technical, legal, economic, or policy issues relevant to the sector
• review and comment on proposed regulations, guidance documents, or regulatory strategies
• work to support awareness of the Scottish Government’s investment and economic growth aims and the PSR Strategy

Membership list

The group will have representation from a core membership of regulators. The forum will be flexible, allowing for the attendance of additional regulators over the life span of the forum as the focus of discussions progress to align with evolving priorities.

Observers

Others may be invited to attend as and when the Chair agrees it is necessary/ advantageous to the work of the group.

Meetings

Secretariat support

• the Secretariat function will be provided by Scottish Government's Regulatory Reform Unit
• the Secretariat will provide the group with any required papers
• if additional papers are required from partner bodies, these will be requested directly by the group or Secretariat
• draft minutes of meetings will be circulated within 10 working days of meetings to all members, once agreed by the Chair. Once agreed, these will be published on the Scottish Government website in due course

Notice of frequency of meetings and review

• the group will aim to meet every two months, more frequently as required
• the first meeting will be in person with virtual attendance being offered as a secondary option. All meetings thereafter will be held via Teams
• agenda and papers will be issued a minimum of five working days in advance of the meeting
• delegated representatives can attend in the place of members subject to agreement with the Chair
• circumstances may dictate that members will need to make decisions and/or provide updates via correspondence
• the future and purpose of the group will be reviewed periodically, ensuring that it continues to reflect the priorities of Scottish ministers