Open Space Strategies and Play Sufficiency Assessments Regulations: impact assessments

What are the impact assessments?

What is an Equalities Impact Assessment (EQIA)?

The public sector equality duty requires the Scottish Government to assess the impact of applying proposed new legislation. Equality legislation covers the characteristics of: age, disability, gender reassignment, sex including pregnancy and maternity, race, religion and belief, and sexual orientation.

An EQIA aims to consider how a policy (a policy can cover: activities, functions, strategies, programmes, and services or processes) may impact, either positively or negatively, on different sectors of the population in different ways.

The Equality Act 2010 harmonised existing equality legislation and includes a public sector duty ('the Duty') which requires public authorities to pay due regard to the need to:

• Eliminate discrimination, harassment, victimisation or any other prohibited conduct;
• Advance equality of opportunity; and
• Foster good relations between different groups – by tackling prejudice and promoting understanding.

The EQIA has considered the potential impacts of the draft Regulations on the protected characteristics.

Whilst there is not currently a specific Human Rights Impact Assessment, human rights considerations should be embedded throughout the policy making process. These considerations are set out within the EQIA.

The EQIA can be found in Appendix A of this report.

What is the Child Rights and Wellbeing Impact Assessment (CRWIA)?

The Child Rights and Wellbeing Impact Assessment (CRWIA) is used to identify, research, analyse and record the impact of a proposed policy on children's human rights and wellbeing. CRWIA helps the Scottish Government consider whether it is: advancing the rights of children in Scotland; and protecting and promoting the wellbeing of children and young people.

CRWIA is a Ministerial duty under the Children and Young People (Scotland) Act 2014 and in relation to the United Nations Convention on the Rights of the Child (UNCRC).

The CRWIA can be found in Appendix B of this report.

What is the Fairer Scotland Duty (FSD) assessment?

The Fairer Scotland Duty is set out in legislation as Part 1 of the Equality Act 2010, and came into force in Scotland from April 2018.

The aim of the duty is to help the public sector to 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.

The Fairer Scotland Duty applies to 'decisions of a strategic nature' – these are the key, high-level choices or plans that the public sector makes. We have considered that the preparation of the secondary regulations themselves would not constitute a strategic decision under the definition in the Fairer Scotland Duty Interim Guidance, and therefore an assessment is not required.

However, consideration of potential impacts and benefits for people living on low income or in poverty is set out in the in the EQIA.

Further details and the Fairer Scotland Duty Not Required Declaration can be found in Appendix C of this report.

What is the Island Communities Impact Assessment (ICIA)?

An Island Community Impact Assessment (ICIA) tests any new policy, strategy or service which is likely to have an effect on an island community which is significantly different from the effect on other communities. This became a legal duty in December 2020 under the Islands (Scotland) Act 2018.

The Islands Community Impact Assessment can be found in Appendix D of this report.

What is the Business and Regulatory Impact Assessment (BRIA)?

A Business and Regulatory Impact Assessment (BRIA) looks at the likely costs, benefits and risks of any proposed primary or secondary legislation. It also covers voluntary regulation, codes of practice, guidance, or policy changes that may have an impact on the public, private or third sector.

The BRIA explains:

• the reason why the Scottish Government is proposing to intervene;
• options the Scottish Government is considering, and which one is preferred;
• how and to what extent new policies may impact on Scottish Government, business and on Scotland's competitiveness;
• the estimated costs and benefits of proposed measures.

The partial Business and Regulatory Impact Assessment can be found in Appendix E of this report.

What is Strategic Environmental Assessment (SEA)?

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

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

An exemption from the requirements of SEA can be gained for certain plans and programmes where the environmental effects can be shown as likely to be minimal.

We believe these Regulations fall within the scope of this exemption and the pre-screening documents have been prepared and can be found in Appendix F of this report.