Heat and energy efficiency strategies: consultation

5. Assessing Impact

Equality

175. The public sector equality duty requires the Scottish Government to pay due regard to the need to:

• eliminate discrimination, victimisation, harassment or other unlawful conduct that is prohibited under the Equality Act 2010;
• advance equality of opportunity between people who share a protected characteristic and those who do not; and
• foster good relations between people who share a relevant protected characteristic.

These three requirements apply across the "protected characteristics" of age; disability; gender reassignment; pregnancy and maternity; race; religion and belief; sex and sexual orientation.

176. We are keen that in our proposals we include measures to protect groups such as the elderly or disabled from being exploited and also, in the context of our proposals around socio economic assessment as part of LHEES and district heating schemes, that it is ensured that people with protected characteristics have an equal opportunity to be included.

177. Please answer the following questions to assist us in this:

Q23. Please tell us about any potential impacts, either positive or negative, you feel our proposed approach may have on particular groups of people, with reference to the "protected characteristics" listed above.

Q24. Are there any special provisions/ measures we should consider/ make/ include:

a) to ensure protected characteristics are taken account of in the LHEES? In your opinion, should the LHEES process specifically include/ address the protected characteristics?

b)to ensure protected characteristics are taken account of in the socio economic assessment? In your opinion, should that process specifically include/ address the protected characteristics?

c) in terms of the installation of networks in order to minimise disruption to people with mobility problems or any other protected characteristic?

d) in terms of consumer protection, that would better assist in ensuring that people with protected characteristics will be safeguarded (taking account of our limited legislative competence in this area)?

e) in terms of communications, that would better assist in ensuring that people with protected characteristics will be kept informed and can fully participate?

Please explain your answers, including any available evidence or examples.

178. The comments received from this consultation along with further work to be done in terms of face-to face engagement/discussions with appropriate stakeholders will be used to inform the Equality Impact Assessment ( EQIA), which will also include consideration of evidence relevant in terms of Child Rights and Welfare and to determine what further work may be needed in respect of the EQIA.

Business and Regulation

179. A Business and Regulatory Impact Assessment ( BRIA) analyses whether a policy is likely to increase or reduce the costs and burdens placed on businesses, the public sector and voluntary and community organisations. Since we are still consulting on our proposals, it is not possible at this time for the Scottish Government to carry out a full analysis of costs and impact, however it is our intention, when we have more evidence in light of responses to this consultation, to create and publish a full Business and Regulatory Impact Assessment at a later date.

180. In order to assist in this process please answer the following question:

Q25. Please tell us about any potential costs or savings that may occur as a result of our proposed approach and any increase or reduction in the burden of regulation for any sector. Please be as specific as possible.

Please explain your answer, including any available evidence or examples.

Privacy

181. A Privacy Impact Assessment ( PIA) considers the protection of personal data. Whilst we believe it is unlikely, due to the nature of our proposals, that there will be impact on the privacy of individuals as a result of Local Heat & Energy Efficiency Strategies and Regulation of District Heating, if you are aware of any impact in this area, please answer the following question with as much supporting detail as possible and, if required, a PIA will be undertaken.

Q26. Please tell us about any impact on individual privacy/ data that may result from our proposals. If there is an impact on individual privacy, are there any special provision/ measures we should consider/ make/ include that would better assist in ensuring that this privacy impact is lessened/ negated?

Please explain your answer, including any available evidence or examples.

Strategic Environmental Assessment

182. The high level policy objectives on the development of Local Heat & Energy Efficiency Strategies and the Regulation of District Heating were previously set out in the Draft Climate Change Plan: The Draft Third Report on Policies and Proposals 2017-2032 and Draft Scottish Energy Strategy: The Future of Energy in Scotland published 27 January 2017. These policy documents were subject to a joint Strategic Environmental Assessment ( SEA) as required by the Environmental Assessment (Scotland) Act 2005 ("2005 Act"). It is our view that the policy objectives set out in this consultation document are a continuation of those previously outlined and as such, the Environmental Report produced at that time remains a relevant reflection of the likely significant environmental impacts.

183. It is our intention that as the policy position develops, for example, when the regulatory position of the proposals become clearer, a further review for compliance with regard the 2005 Act will be undertaken and if required a SEA will be carried out.

184. The previous joint Strategic Environmental Assessment ( SEA) of the Draft Climate Change Plan: The Draft Third Report on Policies and Proposals 2017-2032 and Draft Scottish Energy Strategy: The Future of Energy in Scotland can be viewed at this link: http://www.gov.scot/publications/strategic-environmental-assessment-environmental-report-draft-climate-change-plan-draft/.