The Building (Scotland) Amendment Regulations 2024: Island Communities Impact Assessment

Introduction

1. Section 7 of the Islands (Scotland) Act 2018^[1] (the 2018 Act), places a specific duty on relevant authorities, including the Scottish Ministers and other public bodies, to have regard to island communities in carrying out their functions.

2. This includes the need to consult with island communities and prepare an Island Communities Impact Assessment (ICIA) to determine and respond to any changes arising from legislation which, in their 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 Scotland.

3. This assessment should:

• describe the likely significantly different effect of the legislation;
• assess the extent to which the Scottish Ministers consider that the legislation can be developed in such a manner as to improve or mitigate, for island communities, the outcomes resulting from the legislation; and
• set out the financial implications of steps taken under this subsection to mitigate, for island communities, the outcomes resulting from the legislation.

4. The Island Communities Impact Assessments: Guidance And Toolkit (2022) ^[2](the Guidance) sets out an approach for undertaking an ICIA. This includes an initial screening stage (‘Section 7 assessment’), followed by an additional impact assessment stage (‘Section 8 assessment’) if required following screening. The final stage is the publication of relevant documents.

5. Section 11 of the 2018 Act requires that a relevant authority must have regard to the Guidance in fulfilling its section 7 duty. The Guidance emphasises the importance of effective and meaningful consultation and robust community engagement so that islanders are given a platform to voice their opinions, concerns and suggestions. It also addresses the need to consult island communities in order for a relevant authority to comply with the section 7 duty.

6. This document constitutes the ICIA undertaken, in accordance with the Guidance, in respect of The Building (Scotland) Amendment Regulations 2024 (the 2024 Amendment Regulations) as they relate to changes to improve broadband connectivity available within new buildings.