Regulatory Review Group minutes: August 2026

Attendees and apologies

• Professor Russel Griggs OBE, RRG Chair
• Fiona Richardson, Convention of Scottish Local Authorities (COSLA)
• Lisa McCann, Society of Chief Officers of Environmental Health in Scotland
• Alexandra Connell, Society of Chief Officers of Trading Standards in Scotland (SCOTSS)
• Douglas White, Consumer Scotland
• Robbie McGregor, British Standards Institute (BSI)
• Iain Hall, United Kingdom Accreditation Service (UKAS)
• Brendan McGinty, Competition and Markets Authority (CMA)

Apologies:

• Susan Love, Association of Chartered Certified Accountants
• Ewan MacDonald-Russell, Scottish Retail Consortium

Items and actions

Welcome, introductions, approval of minutes

Professor Russel Griggs OBE welcomed and thanked attendees for participating in this virtual meeting of the Regulatory Review Group (RRG). Minutes from the previous meeting (30 June) were agreed.

Russel informed members that he is to meet with the Minister for Mental Wellbeing, Public Health, Sport, Alcohol and Drugs on 16 September to discuss the work of the RRG.

Scottish Government Update

Scottish Government (SG) officials provided the group with an update on recent work. The Programme for Government is currently under development, to be published in early September. Ahead of this, the Scottish Government has published its 5-year delivery plan, which sets out organisational priorities for the next 5 years – linked to the broader programme of Public Service Reform.

With regards to the RRG, work is ongoing to liaise with teams working on the government’s 100 days commitments with a view to arranging RRG scrutiny. Relatedly, the consultation on the proposed price cap on essential food items is due to be published shortly, having been considered by cabinet. Russel asked if it were possible for the policy team behind this work to be invited back to the RRG only once the consultation process has concluded.

Awaab’s Law Implementation

SG officials updated the group on implementation activity concerning the Investigation and Commencement of Repair (Scotland) Regulations 2026, commonly known as Awaab’s Law. Officials were keen to stress how useful the advice arising from the initial engagement with the group in February 2026 had proven in co-ordinating implementation activity. They detailed the extensive engagement they had carried out in the months since the original meeting and noted that an information campaign ahead of the regulations coming into force was due to begin shortly; RRG advice on engagement with small landlords had helped to inform this campaign.

A discussion then followed during which the following key points were made:

• members queried how situations where the tenant is partially or wholly responsible for the spread of damp or mould will be handled under the policy, particularly if there is a refusal to co-operate with landlords on remediation. Officials advised that there are relatively low-cost solutions that can be installed to deal with some problems caused by excess moisture, and that guidance will encourage co-operation between landlords and tenants to deal with damp and mould issues. Officials understand that under some circumstances of non-cooperation, tenancy agreements allow for landlords to take action to avoid damage to their property
• members noted that damp and mould can impact properties available on a short-term basis; particularly those properties being used for short term accommodation for seasonal workforces, short term lets and temporary homeless accommodation. Officials responded that while some work has taken place regarding these sectors and others, SG continues to explore possible routes to ensuring that damp and mould issues are tackled consistently across the rented housing market
• the definition of ‘competent person’ for the purposes of damp and mould investigation was raised as a key concern by members, who noted the risk of incompetent contractors being judged as competent by bad actors within the sector, leading to remediation not being carried out when needed or being carried out to a poor standard. Officials responded that they had attempted to strike a balance between the need to ensure quality repairs are carried out with the lack of damp and mould qualifications in the existing workforce. Officials would hope that over time market forces push landlords towards contractors with the relevant qualifications
• the importance of an overall policy evaluation was emphasised by members, as this is an area on which money has been spent by both government and landlords. Some kind of measure of success should be set. Officials agreed to produce a reflective piece once the policy has been implemented

Members agreed to write to the Cabinet Secretary for Social Justice and Housing with recommendations arising from the discussion.

Building Safety Levy 

Officials presented to members on progress with the implementation of the Scottish Building Safety Levy, which will be in place from 1 April 2028. Members welcomed official’s proactive approach to engagement with the RRG.

A discussion followed during which the following points were made:

• there was concern expressed by members that the costs of the tax will ultimately be borne by the consumer. Officials responded that while builders are unlikely to absorb the full costs, the impact may ultimately be on the price of land rather than on completed properties, as there is a ceiling as to how much consumers are willing to spend on new-build properties. However, the general state of the housing market will determine how costs are reflected in prices
• members were uncertain as to how the bulk of the cost of remediation will be met, as the levy is only expected to cover about 25% of the total cost. More clarity on this point would be welcomed by the group
• the need for a monitoring programme was raised as a key concern for the implementation of the levy. Officials noted the three-year period of review built into the policy which will allow for rates and exemptions to be revisited alongside a report to Parliament

It was agreed that the group will write to the Deputy First Minister with advice.

Next Steps/AOB

Russel noted that he would be interested in a meeting of the group focussed on the sequencing and implementation of policy relating to housing, following on from a similar meeting in September 2025. Officials agreed to consider whether this would be possible in the next few months.

The next meeting of the group will be held in Atlantic Quay on 29 September.