Regulatory Review Group minutes: November 2025

Attendees and apologies

• Professor Russel Griggs OBE, Regulatory Review Group Chair 
• Susan Love, Association of Chartered Certified Accountants 
• Ewan MacDonald-Russell, Scottish Retail Consortium 
• Fiona Richardson, Convention of Scottish Local Authorities 
• David MacKenzie, Trading Standards 
• Craig Brown, Society of Chief Officers of Environmental Health in Scotland 
• Tracey Reilly, Consumer Scotland
• Robbie McGregor, British Standards Institute 
• Richard Collin, UKAS
• Ian Hall, UKAS
• Brendan McGinty, Competition and Markets Authority

Items and actions

Welcome, Introductions and 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 (30 October 2025) were agreed. 

Russel updated members on his visit to a UKAS/BSI event in the Scottish Parliament the previous evening, which highlighted the positive impact regulation has when used in a social environment.

Revised BRIA guidance for feedback

Scottish Government (SG) officials updated members on the progress of the updated Business and Regulatory Impact Assessment (BRIA) guidance. Members were advised that work to promote early awareness of the BRIA among policy teams was ongoing, and that feedback was being sought internally within the Scottish Government by the end of December.

Members discussed the BRIA review, and the pivotal role which the BRIA plays in policymaking. It was agreed that the RRG should write to the Deputy First Minister, thanking officials for the work on the BRIA, and requesting that the use of a BRIA should be mandatory in policymaking, unless a specific exemption can be applied.

Tobacco & Vapes update

SG officials updated members on progress and noted the goal of the Bill be passed before the end of the current parliamentary session. It was outlined that there were two aspects of the Bill which would likely progress via consultation, including BRIAs for both. Firstly, on the sale and distribution of products and secondly on possible changes to the limited expansion of smoke-free spaces to include tobacco/vape free spaces.

Following a discussion, members raised the issue of resourcing and the need for fully resourced enforcement. It was noted that, in England, Trading Standards were in a better position than Scotland with regard to resourcing. Members were advised that financing resourcing would be raised as part of the budget process. Members also raised that retailers were concerned about the lack of enforcement on ‘rogue retailers’ and that there was a feeling that retailers were being penalised for acting responsibly. It was suggested that learning could be made from work ongoing in other parts of the UK. With regard to tobacco and vape free spaces, it was suggested that smaller retailers and also shopping centres could be useful stakeholders in the consultation process. The need for greater public understanding of any changes was highlighted as vital.

It was agreed that the RRG would write to Ministers, highlighting the need for fully resourced enforcement. Scottish Government officials also agreed to formally write to the RRG with regard to the proposed legislation and the resourcing of enforcement.

Restriction of Promotions of Food High in Fat, Salt & Sugar

SG officials presented to Members with an update that regulations were laid before parliament on 31 October, and that the Minister provided evidence to the Parliamentary Committee on 25 November. It was outlined that the regulations aligned with action in England and Wales. Members were advised that officials were working with stakeholders to design implementation guidance, together with consumer promotion materials, and that the regulations would come into force on 1 October 2026.

RRG Members stressed that they believed the guidance to be sensible, although, in England, symbol groups had differing views on whether they were impacted. It was agreed that clearer guidance would be welcomed in Scotland, which could mitigate the risk of misinformation. Members welcomed the assurance that the Scottish Government was working on a detailed consumer communications plan. It was also noted that enforcement has proved challenging in England so far, with the burden falling upon local authorities. 

On implementation, members noted that there had been a previous UK-wide proposal that regulation changes take place on the same date, which would determine broader impacts on retailers and ease implementation. A suggestion was made that Scottish Government policy officials work together to look for commonality in changes and sequence these changes, to help alleviate the burden on affected businesses. Ewan McDonald-Russell indicated that the Scottish Retail Consortium would be happy to be involved in these discussions. 

Non-Surgical Cosmetics 

Scottish Government officials updated Members on progress since they last spoke to the RRG in October 2024. It was outlined that there was currently no date announced for secondary legislation and that the Bill and legislative consent could be introduced at the same time. The timing of changes would allow businesses and local authorities time to adapt.

A broad discussion followed in which Members expressed concern about the capacity within local government for additional burdens, and also over the potential lack of expertise. Members were advised that Health Improvement Scotland would be the enforcing agency and that fees were likely to be charged to businesses. It was agreed that consumers may not be aware that this sector was currently unregulated, with many likely believing that it was. Communication was seen as vital to ensure meaningful consumer awareness, understanding and confidence in the sector. Impact on businesses would likely be very significant, with many in the sector being microbusinesses unrepresented by trade bodies, and in need of significant support and guidance. Following a question about potential challenge on competition grounds, Scottish Government officials agreed that there was a need to discuss the proposals with the UK Government, to ensure that the legislation was workable and not subject to challenge.

In summary, Members welcomed the progress being made and requested that they return to the RRG to provide an update on progress, and that the RRG would also write to Ministers.

Heat in Buildings update

Russel noted that the RRG had received a letter from the Cabinet Secretary on the announcement that this would be paused until early in the next Parliamentary session. Scottish Government officials updated Members that EPC (Energy Performance Certificate) regulations had been laid in October and should be approved by Parliament soon. Members welcomed the progress made to date and also welcomed that the proposals would not be rushed, noting however that action would need to be taken if the UK Government did not act soon in this area. It was noted that 2026 would be a decisive year with regard to next steps. 

Next Steps/ AOB 

It was raised that the Civic Government Act should be on a future RRG agenda. Members were advised that a discussion would take place in December, looking at future agenda items, and also grouping and sequencing of linked issues.

The RRG Chair and Members formally thanked officials for writing and publishing the RRG Annual Report.

The next meeting of the group will be held virtually on 27 January.