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

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


Summary and Recommendation

The Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024

The table below summarises the costs and benefits of the options outlined above for the Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024. Given the analysis above and the summary, we recommend Option 2: Require Adjudicator to publish information about certain types of expenditure and the exercise of functions.

Option 2 makes the Adjudicator subject to the same requirements as other public bodies. In a challenging economic environment, it provides transparency that the Adjudicator is operating efficiently, effectively and transparently.

Option

Benefits

Costs

Option 1 Do nothing

No change – no benefit.

No change – no costs.

Option 2 Require Adjudicator to publish information about certain types of expenditure and the exercise of functions

Businesses would benefit from assurance that the Adjudicator was operating efficiently, effectively, and with transparency, as a result of this instrument.

May avoid the need for some freedom of information requests.

Some minimal additional costs for the pub-owing businesses who will pay a levy to fund the Adjudicator.

Option 2 is the preferred option of the Scottish Government.

The Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024

The table below summarises the costs and benefits of the options outlined above for the Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024. Given the analysis above and the summary, we recommend Option 2: Make the Adjudicator subject to duties on records management and freedom of information similar to other public bodies.

Option 2 makes the Adjudicator subject to the same requirements as other public bodies. In a challenging economic environment, it provides transparency that the Adjudicator is operating efficiently, effectively and transparently.

Option

Benefits

Costs

Option 1 Do nothing

Less of an administrative burden on the Adjudicator

No change – costs are likely to be similar under both options.

Option 2 Make the Adjudicator subject to duties on records management and freedom of information similar to other public bodies

Ensure good governance, openness and transparency. May encourage further confidence in the regulatory regime.

Businesses would benefit from assurance that the Adjudicator was operating efficiently, effectively, and with transparency, as a result of this instrument.

Some minimal additional costs for the pub-owing businesses who will pay a levy to fund the Adjudicator.

Option 2 is the preferred option of the Scottish Government.

Contact

Email: tiedpubs@gov.scot

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