Draft Disability Assistance for Older People (Scotland) Regulations 2024: Draft Island Communities Impact Assessment

This publication has been updated. See Disability Assistance for Older People (Scotland) Regulations 2024: Island Communities Impact Assessment - gov.scot (www.gov.scot).

Introduction

1. The importance of island-proofing was recognised in the "Empowering Scotland's Island Communities prospectus" published in June 2014. The principle of island-proofing is one of building a broad-based islands awareness into the decision-making process of all parts of the public sector.

2. The Islands (Scotland) Act 2018 places a duty on the Scottish Ministers and other relevant authorities, including a number of public authorities, to have regard to island communities in exercising their functions, and for the Scottish Ministers this also includes the development of legislation.[1] This duty is often referred to as 'island-proofing'.

3. The Scottish Government recognises the importance of island-proofing and committed to island-proofing the Social Security (Scotland) Act 2018 (the 2018 Act)[2] in advance of the Islands Act placing a formal requirement to do so. The Scottish Government is also committed to island-proofing the legislation required in support of the delivery of social security powers in Scotland.

4. If Scottish Ministers are of the opinion that any piece of proposed legislation is likely to have an effect on an island community which is significantly different from its effect on other communities, then the duty to island-proof legislation requires Scottish Ministers to:

• describe the likely significantly different effect of the legislation;
• assess the extent to which 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.