Regulatory Review Group minutes: April 2026

Attendees and apologies

Professor Russel Griggs OBE, RRG Chair 
Susan Love, Association of Chartered Certified Accountants 
Ewan MacDonald-Russell, Scottish Retail Consortium 
Fiona Richardson, Convention of Scottish Local Authorities  (COSLA)
Craig Brown, Society of Chief Officers of Environmental Health in Scotland
Alexandra Connell, Trading Standards
Robbie McGregor, British Standards Institute
Iain Hall, UKAS
Carol-Anne Frame, Competition and Markets Authority

Apologies

Douglas White, Consumer Scotland

Items and actions

Welcome, introductions, approval of minutes

Professor Russel Griggs OBE welcomed and thanked attendees for participating in this in-person meeting of the Regulatory Review Group (RRG). Minutes from the previous meeting (24 March) were agreed.

Post election discussion

Members were invited to share their thoughts on the role of the RRG in the next parliamentary term, ahead of the election of 7 May. Russel began the discussion by noting how the regulatory landscape had changed over the period since the formation of the RRG, with society and markets now often changing more quickly than government can catch up with in regulation. This has been accompanied by the voice of civil society now playing a larger role than previously in calling for regulation, with regulation now extending into areas which could not have been anticipated 20 years ago.

A broad discussion on the future of the RRG then followed, during which the following key points were made:

• members were generally happy with the composition of the RRG, though felt that trade union representation may be beneficial. It was suggested that expert voices from specific regulators and trade bodies be brought in to the group on an ad-hoc basis where discussions would benefit from more technical knowledge.
• some members wished to see a refocus towards a longer term view of the policy development process, to examine structural issues in policy making from a regulatory perspective. However, other members were keen to emphasise the value of early intervention in individual policy areas – noting that they had seen the positive impact of the RRG on policy in discussions with their stakeholders. A productive balance between a long view on policy and detailed scrutiny of individual regulatory interventions will need to be sought, it was felt. All members were in agreement that the RRG should not be seen as a ‘rubber stamp’ for Business and Regulatory Impact Assessments (BRIAs) and that any discussions on individual policy areas should take place at as early a stage as possible. 
• the benefits of ‘sponsorship’ of the RRG by senior ministers during the previous term were noted, and members agreed it would be useful for this relationship to be replicated by the incoming government, whatever the result of the election.
• the role of the RRG in foregrounding issues around policy sequencing and the cumulative impact of policy on businesses and regulators was highlighted by members, who suggested that this will continue to be important in the next parliamentary term.

Tobacco and Vapes Act

Officials updated the group on progress with the Tobacco and Vapes Act, which received Royal Assent on 29 April. It was noted that detailed, UK wide guidance for retailers would be available shortly, and that many of the changes would come into force from October 2026.

Members were pleased that the Act had received Royal Assent, noting that this has been an example of positive, well delivered regulation. They noted that the regulatory focus in this space may shift from public health to health and safety in the next parliamentary term, though health and safety legislation is reserved. The RRG will have an interest in any further developments along these lines. There was some concern that consumers may not yet be fully aware of upcoming changes to regulation, particularly around proxy sales of vaping products. Members also sought to recognise that some smaller retailers may be disproportionately impacted by these changes.

Members raised issues with the current enforcement regime for tobacco and vapes, particularly around Fixed Penalty Notices (FPNs) which are often unenforced due to restricted court capacity. This is having a knock-on impact on the number of FPNs being issued by Trading Standards.

Officials agreed to work further on consumer advertising ahead of commencement, and to discuss issues around FPNs with Trading Standards. Members agreed that a broader discussion on challenges around FPNs and enforcement should take place with the Scottish Government, with COSLA seeking to raise this in discussions with the Scottish Courts and Tribunals Service

Next Steps/AOB

RRG Secretariat agreed to draft a paper based on the post-election discussion, which will be shared with new ministers once they are in place. This draft paper will be shared with members for their comments and approval ahead of the next meeting.
The next meeting of the group will be held virtually on 26 May.