Regulatory Review Group Minutes: June 2025

Attendees and apologies

• Professor Russel Griggs OBE, Chairman
• Fiona Richardson, Convention of Scottish Local Authorities (COSLA)
• David MacKenzie, Trading Standards
• Karen Wardrope, Society of Chief Officers of Environmental Health in Scotland
• Richard Collin, United Kingdom Accreditation Service (UKAS)
• Robbie McGregor, British Standards Institute (BSI)
• Brendan McGinty, Competition and Markets Authority (CMA)

Apologies

• Susan Love, Association of Chartered Certified Accountants

Items and actions

Welcome, introductions and approval of minutes

Professor Russel Griggs OBE welcomed and thanked attendees for participating in this in person Regulatory Review Group (RRG) meeting, recognising the attendance of members from the CMA, UKAS and BSI. Minutes from the previous meeting (29 April 2025) were agreed. 

Russel Griggs informed attendees that he and Frances Pacitti of the Scottish Government have a scheduled visit to the House of Lords on 17 July to attend the Cross Party Group on Regulation.

Attendees were advised of a letter from Ms McAllan, who had recently been appointed as Cabinet Secretary for Housing. A meeting between Russel and Ms McAllan would be arranged soon.

Members were advised of the publication of the consultation analysis and response regarding the regulation and licensing of non-surgical cosmetic procedures on 25 June. It was agreed that this publication would be circulated to members, with further engagement with the RRG and policy team to follow.

Minimum energy efficiency standards for the private rented sector

Policy colleagues presented on the current situation regarding proposed legislation. A broad discussion then followed during which a number of key points and questions were raised:

• a question was asked about whether the legislation included community rentals, and an assurance was given that members would be updated if this is the case.
• a concern was raised that local authorities would be the enforcement authority for any legislation, and the impact this could have on cost and resources, with the cumulative impact of much legislation falling to local authorities to police. It was suggested by members that each time legislation is considered there should be a consideration of cost.
• members raised the issue of the connection of this legislation with the proposals for Energy Performance Certificates (EPC), suggesting that there should be a need to determine what should come first. The fundamental concern was whether this legislation should be introduced before EPC legislation was resolved?
• with regard to the policing of the legislation it was raised that it was vital to have proper policing of it to ensure it was fully effective. Policy officials advised that there was ongoing work with the UK Government to align on fees, which was welcomed by members. 

In summary, members agreed that a letter should be sent from the RRG, outlining members’ thoughts on sequencing with changes to the EPC, funding for the EPC and the proposed timescale of 2027. Russel Griggs outlined that he will also raise the issue directly with Ms McAllan when they meet.

Update – proposed legislation to regulate the promotion of food and drink High in Fat, Sugar or Salt (HFSS).

Scottish Government officials led the discussion with an update on the HFSS proposals. It was outlined that the legislation would likely be presented to parliament in the autumn, together with guidance and the consultation responses. It was also advised that the decision had been taken to align implementation with England & Wales. The officials also outlined that positive feedback had been received from business and public health stakeholders. It was advised that the intention was not to target independent retailers, with premises under 2,000 sq ft not included.

In the following discussion, a number of points and questions were raised:

• the potential for problems and issues to be shifted to other outlets.
• when asked about consumer impact, it was advised that work continues on communications colleagues and Young Scot, with work also continuing the important work of framing and messaging.
• following concerns about the potential risk of an uneven playing field being created, officials advised that the policy and legislation would be adapted as implementation develops and evolves.

It was agreed by members that the RRG should write to outline members’ thinking, with emphasis on impact on local independent stores, the impact in different sized communities and the worry of consequential impact and an uneven playing field. 

Update – Scottish Government - Cabinet Sub-Committee for Investment and Economy update, stocktake and work programme

Members were updated that the Joint Sub-Committee is being chaired by the Deputy First Minister, with ministers across portfolios, to focus on boosting the economy and look at barriers to growth and investment. It was outlined that a commission across every area had been issued to determine what intended legislation there was, to determine the impact on business. It will be determined using this what should come to the RRG for discussion. Further information will be circulated to RRG members, with information on what is recommended for RRG with contact being made with the relevant policy officials.

Next steps/ AOB

Russel Griggs advised members that a pilot had been agreed with UKAS and BSI on the industry standard for eggs, which he will update members on in due course. 

The next meeting of the group will be held virtually in August 2025.