Scottish Crown Estate draft strategic management plan: consultation

Impact assessments

165. The Scottish Government is committed to assessing the impact of its proposals and policies. The process of carrying out impact assessments allows us to comply with legislative requirements and to inform the policy development process. Consideration has therefore been given to the following:

A: Business and Regulatory Impact Assessment

166. A draft Business and Regulatory Impact Assessment (BRIA) has been carried out to analyse whether any of the proposed objectives, priorities and policies are likely to increase or reduce the costs and burdens placed on businesses, the public sector and voluntary and community organisations. This draft document has been published alongside this consultation paper.

Q11 Would you add or change anything in the Business and Regulatory Impact Assessment? If yes, please give details.

a) Yes
b) No

Q12 Would you agree that the Business and Regulatory Impact Assessment is wide ranging enough?

a) Yes
b) No

B: Strategic Environmental Assessment

167. Strategic Environmental Assessment (SEA) helps us to protect the environment by allowing planners and decision makers to consider the likely significant environmental effects of plans, programmes and strategies.

168. The Environmental Assessment (Scotland) Act 2005, requires Scottish Public Bodies or those exercising functions of a public character (Responsible Authorities) to undertake an SEA when preparing plans, if it is likely to have significant environmental effects (either positive or negative).

169. A draft SEA has been produced in accordance with the Environmental Assessment (Scotland) Act 2005. The findings of this assessment are outlined in an SEA Environmental Report, which is available as a separate document for public comment. This draft document has been published alongside this consultation paper.

Q13 Do you have any views on the evidence set out in the Strategic Environmental Report? If yes, please give details.

a) Yes
b) No

Q14 Do you agree with the conclusions and recommendations set out in the Strategic Environmental Report?

a) Yes
b) No

170. The Scottish Government have also taken into consideration the following impact assessments:

C: Equality Impact Assessment

171. An Equality Impact Assessment (EQIA) helps us to look at how our policy impacts on people and is an opportunity to promote equality.

172. The Scottish Government is committed to promoting equality and removing or minimising disadvantage, which may be experienced, by different groups of people. We have a legal duty to consider the impact of policies on people who may be differently affected in relation to the 'protected characteristics' under the Equality Act 2010 of:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

173. The Scottish Government has considered whether it is necessary to carry out a full EQIA at this stage in the policy development. The Plan is a high level document and it is not anticipated to directly impact on equality. The intention is that the objectives, priorities and policies in the Plan will be either neutral or positive in their impact on wider communities. Further information, including the reasons why a full EQIA is not needed at this stage, is outlined in a separate document. If there are any impacts on equality arising from the proposals in this consultation, we will revisit that decision and carry out an EQIA if required.

174. This draft document has been published alongside this consultation paper.

Q15 Do you have any comments to make on our Equality Impact Assessment? This is available as an associated downloadable document. If yes, please give details.

a) Yes
b) No

Q16 Please tell us about any possible impacts the proposals contained in this consultation document may have on groups of people with protected characteristics. The responses we receive to this question will help to inform the content of the final Strategic Management Plan, and final Equality Impact Assessment.

D: Island Communities Impact Assessment

175. One of the key measures in the Islands Act 2018 is to require everyone who makes or designs new polices, strategies or services to consider how these will impact on islands. Island Communities Impact Assessments will be one way in which relevant authorities can consider the impact of these polices, strategies or services on islands.

176. We have assessed the possible impacts and consider an Island Communities Impact Assessment is not required in relation to the draft Plan. The Plan is not likely to impact island communities in a significantly different way to mainland Scotland communities and makes no distinction to the various communities across Scotland.

177. This draft document has been published alongside this consultation paper.

E: Child Rights and Wellbeing Impact Assessment

178. The Child Rights and Wellbeing Impact Assessment (CRWIA) is used to identify research, analyse and record the impact of a proposed law or policy on children's human rights and wellbeing.

179. It should be used on all new legislation and policy, which impacts children.

180. This draft document has been published alongside this consultation paper.

F: Fairer Scotland Duty

181. The aim of the Fairer Scotland Duty is to help the public sector make better policy decisions and deliver fairer outcomes. The duty focuses on socio-economic inequality issues such as low income, low wealth, and area deprivation.

182. Part 1 of the Equality Act 2010, which came into force in Scotland from April 2018, requires Scottish Ministers (and named public bodies) to actively consider what more can be done to reduce the 'inequalities of outcome' caused by 'socio-economic disadvantage' when making 'strategic decisions'.

183. The Scottish Government have decided at this stage that a Fairer Scotland Duty assessment should be carried out at the point at which 'strategic decisions' relating to the transfer of delegation of management of individual assets are taken through mechanisms in the Act. This will ensure that strategic decisions consider opportunities to improve outcomes for people experiencing social economic disadvantage.

184. This draft document has been published alongside this consultation paper.

G: Data Protection Impact Assessment

185. Under the General Data Protection Regulation (GDPR) Scottish Ministers have to complete a data protection impact assessment for all projects involving personal data and privacy.

186. It is not anticipated that any new or significant changes to the handling of types of personal data will occur as a result of the development of the first Strategic Management Plan and this draft document has been published alongside this consultation paper.

187. This draft document has been published alongside this consultation paper.

188. Final versions of these impact assessments will be made publicly available after the consultation responses have been received and analysed.

Q17 Do you agree with the conclusions for the following Impact Assessments?

Island Communities Impact Assessment

a) Yes
b) No

Child Rights and Wellbeing Impact Assessment

a) Yes
b) No

Fairer Scotland Duty Impact Assessment

a) Yes
b) No

Data Protection Impact Assessment

a) Yes
b) No

Q18 Do you feel there are any other Scottish Government policies, which should be taken into account? Please explain.

a) Yes
b) No

Q19 Do you have any other comments or suggestions on the Strategic Management Plan that you feel haven't been covered by this consultation?