Coronavirus(Recovery and Reform) (Scotland) Bill Islands Communities Impact Assessment

Step one – develop a clear understanding of your objectives

• What are the objectives of the policy, strategy or service?

Further information about the background and the policy intention behind the Bill and also about the existing temporary Covid legislation is set out in the Policy Memorandum which accompanies the Bill. The Bill, Policy Memorandum and other accompanying documents are available from the Scottish Parliament website and are linked to from this Bill webpage.

The sections of this ICIA are structured in the same way as the Policy Memorandum, which broadly follows the structure of the Bill. Where certain provisions have not been mentioned in this ICIA, this is because the Scottish Government has concluded that these provisions would have no differential impact on island communities.

Public Health Protection

Modifications of the Public Health etc. (Scotland) Act 2008

Arrangements for vaccination and immunisation

Education

Educational establishments etc.

School consultations

Public Service Reform

Online meetings and hearings

Bankruptcy: remote meetings of creditors

Civic licensing: how hearings may be held

Alcohol licensing: how hearings may be held

Requirements of writing: Disapplication of physical presence requirements

Custody at police stations: Custody officers’ functions

Communicating by phone or online

Bankruptcy: service of documents

Registration of births

Registration of deaths

Civic licensing: how notices may be published

Land registration

Freedom of information: giving notice electronically

Care services: giving of notices by SCSWIS

Miscellaneous

Bankruptcy: meaning of “qualified creditor” and “qualified creditors”

Legal aid and advice: Claim for interim payment of fees and outlays

Mental health: removal of need for witnessing of signature of nominated person

Parole Board for Scotland

Tenancies

Removal of mandatory eviction grounds

Pre-action protocol in respect of evictions relating to rent arrears

Temporary Justice Measures

Courts and tribunals: conduct of business by electronic means etc. (Documents)

Courts and tribunals: conduct of business by electronic means etc. (Attending a court or tribunal)

Fiscal fines

Failure to appear before court following police liberation

National jurisdiction for callings from custody etc.

Criminal procedure time limits

Proceeds of crime

What are the intended impacts / outcomes and how do these potentially differ in the islands?

Generally, the modernisations in the Bill described in the Policy Memorandum are intended to benefit all communities across Scotland. In some cases there are anticipated to be particular benefits for island communities.

Public Health Protection

As the Modifications of the Public Health Etc. (Scotland) Act 2008 provisions in this Bill are enabling powers, these provisions alone do not have an immediate effect on an island community which is significantly different from the effect on other communities, because these powers will only have an effect overall once exercised: any such effect would come at the point of regulations being made under the powers contained in the Bill.

However, the Scottish Government is cognisant of the fact that an infectious disease or contaminant which poses a significant risk to public health may not necessarily require a blanket public health response. Using Covid as an example, it is clear that there may be circumstances where a public health threat necessitates a different response or differing restrictions or requirements being put in place in different parts of the country depending on the circumstances at the time. Insofar as possible when making regulations under these provisions, the circumstances in different communities, such as island communities, will be considered and assessed when determining how best to respond to the threat across Scotland. As outlined above, any impact on island communities that is different to other communities would be dependent on the nature of the intervention being considered and would therefore not be known until the regulations are being planned and drafted. During that process appropriate impact assessments should be carried out.

The Scottish Government notes that there is a review period built into the provisions – requiring that where regulations are made which impose or enable the imposition of restrictions and/or requirements the Scottish Ministers review the necessity of those regulations on a three week cycle. This ensures that any restrictions and requirements which are imposed are regularly considered, in light of issues raised and changes to the nature or understanding of the public health risk.

Public Service Reform

Online meetings and hearings

With regard to Requirements of writing: Disapplication of physical presence requirements, these provisions create the opportunity for Scottish notaries public, solicitors and advocates themselves based in or supporting clients based in island communities to adopt alternative appropriate means of executing documents and oaths etc., for example notaries may now execute documents remotely, for example by live video connection.

In terms of the Custody at police stations: Custody officers’ functions provisions, while there are no virtual custody hubs currently operating on the islands, or any immediate plans to do so, the provisions and the wider use of technology could enable the use of virtual custody in these communities and maximise court capacity to support efforts to address the consequences of the pandemic and justice transformation.

Communicating by phone or online

To take the example of Registration of births and Registration of deaths, the intended outcome of these provisions is to reduce the need for informants (e.g. parents) to travel to a local authority registration office to register a birth or death. The need to potentially travel a long distance to get to a registration office may be particularly apparent in remote areas, including the islands.

The Land registration provisions will ensure island-based solicitors can submit applications with the same immediacy as mainland-based solicitors, removing one of the possible disadvantages under the previous postal system of submission.

In terms of Care services: giving of notices by SCSWIS provisions it is anticipated that allowing the Care Inspectorate (also known as the Social Care and Social Work Improvement Scotland “SCSWIS”) to continue to provide notices electronically will serve to be a more effective method of delivery for care services in island communities where postal services may take longer to arrive than in mainland Scotland or are subject to cancellation due to unforeseen circumstances i.e. adverse weather conditions. Therefore the proposals are anticipated to improve the speed and reliability of notice delivery.

Temporary Justice Measures

Under the Bill provisions Courts and tribunals: conduct of business by electronic means etc., the greater use of technology can alleviate the need to travel long distances, which may be a particular burden on residents in remote rural communities, including the Islands.