The Scottish Government

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1. Title

This is the Regulatory Impact Assessment ( RIA) of repealing the prohibition on the sale of methylated spirits and surgical spirits to those under 14 in Scotland.

2. Purpose and intended effect of the measure

(i) Objective

Repeal of this restriction will remove a redundant piece of legislation.

(ii) Background

The Deregulation (Methylated Spirits Sale By Retail) (Scotland) Order 1998 revoked most of the requirements of the 1937 Act. However, the provisions prohibiting the sale of methylated spirits and surgical spirits to those under 14 still exist. The provisions in this Act were introduced to address a specific social problem of the time. In the 1930's the drinking of crude sprits in Scotland was a considerable social problem and methylated spirits in particular was a cheap alternative to more expensive forms of alcohol. This problem has now disappeared and we consider the restriction to be redundant.

The terminology of 'methylated spirits' is also about to be replaced by the terminology referring to 'denatured alcohol' which underlies European legislation. HM Customs and Excise plan to revoke and replace the Methylated Spirits Regulations 1987 with the Denatured Alcohol Regulations which will replace the historic terminology of 'methylated spirits' with 'denatured alcohol'.It is expected that the new Regulations which will extend to Scotland will be implemented in the summer.

Removal of the provisions relating to the sale of methylated spirits and surgical spirits to those under 14 would result in a consistent position with England and Wales.

(iii) Risk assessment

Potentially this affects any sale of methylated spirits or surgical spirits to those under 14, where retailers are aware of and operate the restriction.

3. Options

We consider the options are:

Option 1 - Repeal of the Methylated Spirits (Sale By Retail) (Scotland) Act 1937.

Option 2 - Make no change to the law.

4. Benefits

Option 1

• Removal of obsolete and unnecessary legislation.
• Removal of the 'methylated spirits' terminology which is being replaced by the term 'denatured alcohol'.

Option 2

• There are no benefits of the make no change option.

Business sectors affected

• Anyone who sells methylated spirits or surgical spirits.

5. Costs

Option 1

• There are no compliance costs to business as repeal will merely remove an outdated regulatory burden.

Option 2

• There are no compliance costs in making no change to the law.

6. Equity and Fairness

• There are no groups that will be adversely affected if the Methylated Spirits (Sale By Retail) (Scotland) Act 1937 is repealed.
• If there is no change in the law, there will be inconsistency with England and Wales.

7. Small Firms' Impact Test

• Small firms can only benefit from repeal of this regulatory burden. It will also remove any uncertainty as to the current legal restrictions.

8. Competition Assessment

The proposal will help to ensure that there is a level playing-field between those retailers who have until now observed the legislation and those who do not. Repeal will consequently support fair competition.

9. Enforcement and sanctions

As the proposal will remove a restriction, there are no enforcement implications in repealing the prohibition on the sale of methylated spirits and surgical spirits to those under 14 in Scotland.

10. Monitoring and review

There will be no requirement for monitoring or review of this repeal of outdated legislation.

11. Consultation

• Within Government

The proposal was raised by HM Customs and Excise.

• Public consultation

This RIA is part of a consultation exercise being undertaken in Scotland.

12. Summary and Recommendations

The need to modernise government, reduce burdens on business and remove legislation where it serves no useful purpose, are compelling reasons for repeal of this anomalous and out-dated legislation. There are no costs to this measure, only perceived benefits. Provision for repeal has been made in the Licensing (Scotland) Bill 2005, which was introduced to the Scottish Parliament on 28 February this year.

14. Declaration

I have read the regulatory impact assessment and I am satisfied that the benefits justify the costs

Signed TAVISH SCOTT
Dated: 5 May 2005
Tavish Scott, Deputy Minister for Public Service Reform and Parliamentary Business, FCSD

Contact:
Lindsay Young
Licensing Team
LG& LD
FCSD
Tel: 0131 244 5733