Prohibition of the sale and supply of single-use vapes: Island Communities Impact Screening Assessment

The Islands (Scotland) Act 2018

8. The Islands (Scotland) Act 2018 places a duty on Scottish Ministers and other relevant public bodies to have regard to island communities in exercising their functions and in the development of legislation.

9. Section 13 of the 2018 Act obliges Scottish Ministers to prepare an Island Communities Impact Assessment (ICIA) in relation to legislation which, in their opinion, is likely to influence an island community that is significantly different from its effect on other communities in Scotland.

10. Section 13 further states that an ICIA must:

a. Describe the likely significant different effect of the legislation;

b. 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

c. Set out the financial implications of steps taken under this subsection to mitigate, for island communities, the outcomes resulting from the legislation.

11. The Scottish Government's ICIA guidance sets out four preliminary stages that must be undertaken prior to preparing an ICIA. These are:

1. Developing a clear understanding of the objectives and intended outcomes of the policy, strategy or service including any island needs or impacts.

2. Gathering data, identifying evidence gaps, and identifying stakeholders.

3. Consulting with appropriate stakeholders.

4. Assessing whether there are any issues resulting from the proposed policy that are significantly different from those that would be experienced on the mainland, or on other islands.

12. If any significantly different impacts were identified, an ICIA would be required.