Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024 and Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024: Business and Regulatory Impact Assessment

Enforcement, Sanctions and Monitoring

Under section 5 of the Tied Pubs (Scotland) Act 2021, Scottish Ministers are required to review the performance of the Adjudicator over the first two years of operation and then at three yearly intervals thereafter. This will include an assessment of performance of the duties in the instruments to which the Adjudicator is subject, i.e.:

• Duties in the Freedom of Information (Scotland) Act 2002
• Duties in Part 1 of the Public Records (Scotland) Act 2011
• Duties in Parts 2 and 3 of the Public Services Reform (Scotland) Act 2010

Anyone dissatisfied with the Adjudicator’s handling of a request they have made under the Freedom of Information (Scotland) Act 2002 will have a statutory right to require the Adjudicator to review its handling of the request. After that, if they remain dissatisfied, they will be able to exercise their statutory right to appeal to the Scottish Information Commissioner to decide whether the case has been handled correctly.

The Keeper of the Records of Scotland will be able to issue an action notice to the Adjudicator in respect of failure to comply with the Public Records (Scotland) Act 2011 and publicise any failure to comply with an action notice under section 7.