Regulatory Review Group minutes: October 2024

Attendees and apologies

• Professor Russel Griggs OBE, Chairman 
• David MacKenzie, Trading Standards 
• Fiona Richardson, Convention of Scottish Local Authorities 
• Douglas White, Consumer Scotland
• Craig Brown, Society of Chief Officers of Environmental Health in Scotland (Substitute)
• Pietro Fareri, Zudu
• Owen Griffiths, Scottish Government
• Craig Robertson, Scottish Government 
• Alex Kidd, Scottish Government (Secretariat) 
• Shivani Kirpal, Scottish Government (Secretariat) 
• Alan Caldwell, Scottish Government (Secretariat) 

Apologies:

• Ewan MacDonald-Russell, Scottish Retail Consortium
• Susan Love, Association of Chartered Certified Accountants 
• Brian Lawrie, Society of Chief Officers of Environmental Health in Scotland
• James Fowlie, Convention of Scottish Local Authorities 
• 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 virtual Regulatory Review Group (RRG) meeting. Minutes from the previous meeting (26 September) were agreed. 

Approval of Housing (Scotland) Bill Letter

The Housing (Scotland) Bill letter was considered by the RRG. Members suggested an amendment to the letter on resource implications before it is sent to Mr McLennan, the Minister for Housing.

Tobacco and Vaping Register Development 

Since this policy area first engaged with the RRG in January 2024, work on the Register has been progressing. However, to make the Tobacco and Vaping Register successful, researchers working on the development of the Register stated engagement with retailers is key but lacking. To assist with this, the RRG offered to send a letter to various trading bodies on the researcher’s behalf. 

Non-Surgical Cosmetics Regulation

Policy officials from DG Health and Social Care were introduced and presented on the potential for further regulation of Non-Surgical Cosmetic Procedures (NSCPs). The NSCP sector has expanded massively over the last decade. The types of procedures being carried out range from less invasive treatments, such as Botox™, Dermal fillers, and laser hair removal to more invasive procedures like Brazilian Butt Lifts. These procedures are often carried out by non-medical professionals which has caused public concern. There have been some serious adverse consequences of these procedures, therefore, the need for regulation in the sector is being considered.

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

• Regulation in this area could give greater powers to Local Authorities (LAs) and Environmental Health Officers (EHOs) who are currently unable to always intervene when complaints arise. However, the enforcement of regulations may require significant resource from LAs and EHOs which could call into question the effectiveness of enforcement provision and/or involve difficult decisions on prioritisation of enforcement activities. Along with the enforcement, the group noted the requirement to give Local Authorities the authority to revoke licences if unfit practice is taking place.
• Premises that adhere to the regulations could be given a license which can be displayed to provide consumers with assurance that the venue is meeting the required standards but the group noted the potential risk of fraud this may create. Fake licences may be created and this may cause customer confusion if they are unsure how to spot the differences between legitimate certificates and fraudulent. 
• The group stated that communication needs to be clear and strong to ensure clarity over the forms of procedures and regulation in scope. This will help avoid confusion and ensure country-wide understanding for both business and consumer. The issue of linkages between the sector and serious organised crime and human trafficking would also need to be taken into account, particularly if licencing allowed operators to use it as a front for illegal activity. Again, the group reinforced the need for correct and appropriate enforcement. 

Any other business

The next meeting will take place in person on 28 November 2024.