Annex A - Impact Assessments

This annex explains the various requirements for each type of impact assessment which has been considered in developing this report. Please note that the definition of the Strategic Environmental Assessment (SEA) is included here, however as per statutory regulations, is dealt with through a stand-alone process and so is omitted from this report.

  1. Equality Impact Assessment (EQIA). The Equality Act 2010 (Specific Duties) (Scotland) and Regulations 2021, cover the characteristics of: Age, disability, gender reassignment, sex including pregnancy and maternity, race, religion and belief, and sexual orientation. An EQIA aims to consider how policy may impact, either positively or negatively, on different sectors of the population in different ways.
  1. Fairer Scotland Duty (FSD). This duty is set out in legislation as Part 1 of the Equality Act 2010 and focuses on socio-economic inequality issues. The aim of this assessment is to actively consider what more can be done to reduce the inequalities of outcome caused by socio-economic disadvantage when making strategic decisions. This duty applies to new strategies, action plans, strategic delivery decisions about setting priorities and/or allocating resources, major new policy proposals, and new legislation.

This duty focuses on socio-economic inequality issues such as low income, low wealth and area deprivation. These issues are also issues for many with protected characteristics and so there may be a correlation between the summary for FSD and the detail under EQIA.

  1. Island Communities Impact Assessment (ICIA). In accordance with the Islands (Scotland) Act 2018, section 7 states that ‘a relevant authority must have regard to island communities in carrying out its functions.’ Section 8 of this Act requires the Scottish Ministers, as a relevant authority, to ‘prepare an island communities impact assessment in relation to a- (a) policy, (b) strategy, or (c) service, which, in the authority's opinion, is likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities) in the area in which the authority exercises its functions’. The National Islands Plan is also considered when completing this assessment.
  1. Child Rights and Wellbeing Impact Assessment (CRWIA). This assessment is used to identify, research, analyse and record the impact of a proposed policy on children’s human rights and wellbeing and allows the Scottish Government to consider whether it is advancing the rights of children in Scotland and protecting and promoting the wellbeing of children and young people. It is a Ministerial duty under the Children and Young People (Scotland) Act 2014. Under section 17 of the United Nations Convention on the Rights of the Child, this assessment is relevant if the plan comprises a strategic decision that affects the rights and wellbeing of children.
  1. Business and Regulatory Impact Assessment (BRIA). For the plan, this assessment considers regulation, codes of practice, guidance or policy changes that may have an impact on the public, private or third sector. The BRIA explains; the reason why the Scottish Government proposes to intervene, the options that are being considered and which one is preferred, how and to what extent new policies may impact on Scottish Government, business and on Scotland’s competitiveness and the estimated costs and benefits of the proposed measures.
  1. Strategic Environmental Assessment (SEA). In accordance with section 1 of the Environmental Assessment (Scotland) Act 2005, ‘the responsible authority shall during the preparation of a qualifying plan or programme, secure the carrying out of an environmental assessment in relation to the plan or programme.’ SEAs, where deemed relevant, are a statutory obligation and assess how negative impacts can be avoided or minimised and, where appropriate, identifies opportunities for positive effects to be enhanced. Please note, that for the draft Implementation Plan, it has been concluded that an SEA is not required.