Housing (Cladding Remediation) (Scotland) Bill: business and regulatory impact assessment

Regulatory and EU Alignment Impacts

30. The regulatory context within which Scottish Government policy is developed changed on 31 December 2020 when the UK left the EU single market. This section requires you to consider what, if any, impacts the proposed measure will have on the following regulatory features related to leaving the EU: intra-UK trade, international trade and the Scottish Government’s EU alignment policy.

Intra-UK Trade

31. The proposals in the Bill are not likely to impact on intra-UK trade.

International Trade

32. There is no impact on international trade and investment in terms of this Bill.

EU Alignment

33. There is no impact on EU alignment in terms of this Bill.

Scottish Firms Impact Test

34. Due to this being an expedited Bill, there has not been one to one engagement with small and micro businesses. However, it is recognised that while larger developers will be expected to meet the costs of remediating buildings which they have developed, there may be some smaller developers where this may not be viable. The intention is that at the point of creating regulations, proportionate requirements for developers will be considered.

Competition Assessment

35. The Bill supports the Programme by establishing a Responsible Developers Scheme to support collaborative engagement with developers and ensure that they address, or contribute towards addressing, the costs of remediating the buildings they have developed.

36. The Bill includes regulation making powers which will allow identified developers who do not join the Scheme or who breach the membership conditions to be subject to a prohibition on accessing required building standards documentation, building warrants or have their completion certificates accepted by verifiers. This would ensure that developers who do make commitments to remediate are not disadvantaged.

37. This is an expedited Bill. There are no new forms anticipated as a direct consequence of the Bill itself. Any new forms will be considered in due course as part of the operational Programme.

Digital Impact Test

38. Not applicable. The changes being introduced will not be affected by possible changes in digital technology.

Legal Aid Impact Test

39. Given the rights of appeal contained within the Bill, further consideration will be required regarding Legal Aid and the BRIA will be updated to reflect this in due course.