Crown Estate: a consultation on the long-term management of the Crown Estate in Scotland

Chapter 4: Assessing Impact

We are committed to assessing the impact of our proposals. This consultation marks the start of processes to assess the business and regulatory, environmental, equality and privacy impacts of our plans in compliance with legislative requirements and to inform the policy development process.

A: Business and Regulation

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

Q49: Please tell us about any potential costs or savings that may occur as a result of the proposals, and any increase or reduction in the burden of regulation for any sector. Please be as specific as possible. ( Please provide details in the space below)

The Environmental Assessment (Scotland) Act 2005 ensures those public plans that are likely to have a significant impact on the environment are assessed and measures to prevent or reduce adverse effects are sought, where possible, prior to the main consultation and implementation of the proposal. At this stage during the policy development process it has not yet been determined whether significant environmental effects are likely to arise and the aim is to use this consultation process as a means to fully explore the likely environmental effects.

Once completed it is our intention to determine, using the consultation process, what our statutory obligations under the 2005 Act are and how these can best be met.

Q50: Please tell us about any potential impacts, either positive or negative, you feel any of the proposals contained in this consultation may have on the environment. Please be as specific as possible. ( Please provide details in the space below)

C: Equality

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.

We will develop an Equality Impact Assessment to consider if there are any impacts on equality arising from the proposals on the long management of Crown Estate assets in Scotland post devolution, following this consultation.

Depending on the consultation outcome, there could be a change of manager of Crown Estate functions (e.g. issuing leases / licences / permits), with local authorities or community bodies taking on functions. Where functions are transferred to local authorities, existing equality duties will apply. Where functions are transferred to a community body, it is likely that a national framework approach (see chapter 2) would govern such arrangements and any obligations with regards to equality groups would be considered as part of that framework. Any changes in employment for staff will comply with employment legislation.

Q51: Are there any likely impacts the proposals contained in this consultation may have on particular groups of people, with reference to the 'protected characteristics' listed above? Please be as specific as possible. ( Please provide details in the space below)

D: Privacy

A Privacy Impact Assessment will be conducted to ascertain whether any of the proposed policies will have an impact on the privacy of individuals.

Q52: Please tell us about any potential impacts upon the privacy of individuals that may arise as a result of any of the proposals contained in this consultation. Please be as specific as possible. ( Please provide details in the space below)

Conclusion

The focus of this consultation is to invite views on the long term arrangements for the management of Crown Estate assets in Scotland. Consultation responses will inform our policy on how this can best be achieved, including legislative changes which we intend to present for consideration by the Scottish Parliament.

The questions throughout the consultation are repeated in Annex B. In responding to this consultation, please do not feel constrained by the questions set. We appreciate some people will have a particular interest in certain areas. We encourage you to respond to any or all of those areas where you feel you have a contribution to make.

We value your opinions and welcome your views on our proposals identified in this consultation document.