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

Options

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

Option 1 – Do nothing

Under this option, the Adjudicator would not be required by statute to publish information about certain types of expenditure and the exercise of functions required under the Public Services Reform (Scotland) Act 2010. The types of expenditure include, but are not limited to, public relations, overseas travel, hospitality and entertainment, and external consultancy. They could nevertheless make the information available voluntarily. They would still be obligated to keep proper accounts and accounting records, amongst other audit duties, under the Tied Pubs (Scotland) Act 2021.

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

Under this option, the Adjudicator would be subject to a duty to publish information under the Public Services Reform (Scotland) Act 2010. The SSI adds the Adjudicator to the public bodies listed in schedule 8 of the Public Services Reform (Scotland) Act 2010. This makes the Adjudicator subject to duties under Part 3 of that Act to publish information about certain types of expenditure and the exercise of functions. The types of expenditure include, but are not limited to, public relations, overseas travel, hospitality and entertainment, and external consultancy. This would be an additional legal requirement distinct from the Adjudicator’s accounts and auditing duties under section 17 of the Tied Pubs (Scotland) Act 2021.

The Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024

Option 1 – Do nothing

Under this option, the Adjudicator would not be subject to duties on records management and freedom of information under the Freedom of Information (Scotland) Act 2002. They could nevertheless keep records and make information available in the same way as other public bodies, but voluntarily.

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

Under this option, the Adjudicator is subject to the freedom of information requirements set out in the Freedom of Information (Scotland) Act 2002 and would need to comply with the records management requirements of the Public Records (Scotland) Act 2011. This ensures transparency and impartiality of the Adjudicator. The option allows for Scottish Ministers to improve the Adjudicator’s efficiency, effectiveness and economy under the Public Services Reform (Scotland) Act 2010.

In England and Wales the Pubs Code Adjudicator is subject to freedom of information (FOI) requests. FOIs in 2023 related to matters such as IT, annual spend, use of contractors, communication channels and invoices not paid within 30 days.