Regulatory Review Group minutes: April 2025

Attendees and apologies

• Professor Russel Griggs OBE, Chairman
• Fiona Richardson, Convention of Scottish Local Authorities
• Ewan MacDonald-Russell, Scottish Retail Consortium
• Douglas White, Consumer Scotland
• Fiona Dill (Scottish Government)
• Craig Robertson (Scottish Government)
• Andrew Forrest (Scottish Government)
• Alex Kidd, Scottish Government (Secretariat)
• Alan Caldwell, Scottish Government (Secretariat)
• Euan Reid, Scottish Government (Secretariat)

Apologies

• Brian Lawrie, Society of Chief Officers of Environmental Health in Scotland
• James Fowlie, Convention of Scottish Local Authorities
• Susan Love, Association of Chartered Certified Accountants
• David MacKenzie, Trading Standards 
• Wendy McCutcheon, Scottish Government

 

Items and actions

Welcome, Introductions and Approval of Minutes

Professor Russel Griggs OBE welcomed and thanked attendees for participating in this Regulatory Review Group (RRG) meeting. Minutes from the previous meeting were agreed. 

Update on Professor Griggs' Meeting with the Deputy First Minister (DFM)

Russel confirmed that it had been a productive meeting and outlined three key areas:

• a note was taken and would be agreed with DFM before forwarding. The further development of the RRG was discussed. A more formalised approach to appointing the Chair and members, and the workplan was also discussed
• the DFM was interested in the Non-Surgical Cosmetics regulation and will pay close attention to its progress alongside RRG engagement
• a conversation was had about the Cabinet Sub-Committee for Investment and Economy, and barriers to growth were discussed including planning

Update on Professor Griggs’ Meeting with BSI/UKAS – Pilots and Membership

Professor Griggs updated members on the meeting with BSI/UKAS regarding pilots and membership of the RRG. It was agreed that they would have observer status and not core membership., They would have the ability to attend meetings if they feel that any agenda items are relevant to BSI / UKAS, or note any topics they think would be relevant for scrutiny. The RRG meeting agendas would be sent to them in advance of the meetings. A letter from the RRG will be sent to them and the CMA, who were former observers to formalise this arrangement.

Two pilots were discussed. The first will be on the Non-Surgical Cosmetics Regulation and a further meeting with SG officials will be arranged. The second will be on the carbon emission accounting for egg suppliers/retailers. It was noted that there is a standard already in place that is used and if this can be rolled out consistently across Scotland. A further meeting has been arranged for 8th May. 

Update on Tobacco and Vaping Network

A detailed presentation which provided an overview of the Tobacco and Vapes Bill along with specific details of relevant sections was delivered to members. It was noted that there has been significant engagement which continues with UK colleagues as the Bill continues to develop.

A facilitated discussion then took place where the following key points were raised:

• it was agreed that UK alignment is helpful and ensures consistency and ease of public understanding
• on distance sales, questions arose about identification and digital identification. Members were informed a supplementary legislative memorandum will provide the mechanism to utilise digital identification and that this was being taken forward by the UK Government, with input from the devolved governments
• RRG members agreed that this would have a real impact on business and reduce profitability as, for many, sales of tobacco and nicotine products are a significant part of their income. It was noted that the intervention would have significant positive public health impacts, and that most retailers would find a way to adapt, although the viability of some may be impacted
• members raised and welcomed the adaptability and futureproofing of the legislation as some may find ambiguity in the law
• enforcement was raised as a concern with it being noted that there is work being undertaken across the UK, in particular with Border Force, which builds on existing processes.

It was also noted by members that the policy team should look at the Single Use Vapes legislation and how the lessons learned from this could positively shape progress and implementation of the Tobacco and Vapes Bill. A letter will be sent with advice and recommendations to the relevant Ministers. 

UK Government Regulatory Reform Work

A Scottish Government official updated members that the Prime Minister gave a speech on working towards reducing the administrative burden of regulation by 25%. It was also outlined that mergers of regulators were an option under consideration with mergers of smaller regulators already being announced. It was being suggested that regulators have set KPIs by government, with a focus on economic growth. The Scottish Government is working with UK counterparts on the reserved / devolved split and the impact on Scotland.

Members agreed that the RRG should have a further, fuller session on this issue to examine the RRG’s approach.

New Deal for Business / Programme for Government Update

Scottish Government officials updated members that the final report of the New Deal for Business Group (NDBG) was published on 28 April and that comms were being prepared from SG and NDBG members. It was outlined that the report was positive and that there would be a continuum beyond NDBG. It was also noted that the SG team was being reconfigured and that it would ensure that prospective legislation would feed into the RRG - and that the team would also be looking at the existing stock of regulation. It was also updated that the Economy Sub-committee was doing high level work with stakeholders to identify barriers and work with policy teams. The Sub-committee is seeking more oversight on what is on the horizon, with a view to identifying priorities for scrutiny and then communicate to the RRG.

It was advised that the Programme for Government will be published 6 May. Important to say that in line with NDB period. Engagement from policy teams had been encouraging, with teams sharing information and being more aware of the impact on business. It was evidenced that the process had been in tune with the New Deal for Business NDB experience, with the profile of the RRG being higher than before.

Next steps/AOB

Russel shared with members that he was meeting with the Chair of the Regulatory Policy Committee on the afternoon of 29 April and would feedback to members.

The next meeting will take place virtually, on Tuesday 27 May 2025.