Methodology

The approach for undertaking this BRIA and compiling this report follows a two-stage process:

  • Review of the overall purpose, objectives and rationale for the NTS Delivery Plan 2020-2022 – in line with the BRIA toolkit, and
  • Assessment of NTS Delivery Plan Strategic Policies

2.1 Review of the NTS Delivery Plan

A BRIA is recommended wherever it is considered that new policies, legislation, codes of practice, voluntary regulation or guidance may result in changes to the regulatory context. The NTS Delivery Plan 2020-2022 draws together a suite of actions which are collectively aimed at achieving the Strategic Policies of the NTS. For this stage of the assessment, the BRIA toolkit recommends the background, objectives and rationale for government intervention.

The NTS Delivery Plan 2020-2022 itself does not constitute policy, regulation or legislation but details the actions which may, when completed, lead to such changes in the regulatory environment. It is therefore recommended that a high-level BRIA is undertaken at this stage, in order to inform the development of future Delivery Plan actions. The approach to conducting a BRIA for the NTS Delivery Plan 2020-2022 is therefore proportionate to the likely effects of its implementation.

The following stage of the BRIA process, as described within the BRIA toolkit, is consultation. A screening report was produced in order to facilitate consultation with both the general public and a target of 6-12 specific businesses, with whom one to one discussions were held. The assessment has been updated in response to the consultation on the screening report and the results are presented here. A separate consultation report has recorded how the feedback has been incorporated into the final assessment.

2.2 Assessment

An assessment review has been undertaken of the Strategic Policies outlined in the NTS Delivery Plan. Due to the large number of individual actions (199) and Strategic Policies (37), a reference number has been assigned to each to help with assessment work going forward and to monitor and record responses for internal engagement and external consultation activities.

A NTS Delivery Plan Strategic Policies and Actions Referencing and Scoring Report containing a full list of NTS Delivery Plan actions with reference numbers and assessment scores has been produced alongside this report.

This BRIA assessment presents the review of each of the Strategic Policies within the NTS Delivery Plan 2020-2022 and provides an high level assessment as to whether the action has potential to impact relevant groups, including businesses, consumers and regulatory bodies. Due to the wide and varying nature of potential impacts associated with a BRIA the Strategic Policies have been assessed qualitatively and have not therefore been ascribed a score.

A form was set up for each policy to record the findings and considerations with regards to the BRIA; all are set out in Section 4.

Assessment guide

The guide questions used to undertake the assessment are shown below.

Potential impacts and risks

Businesses

  • Will the action/policy have an impact on the competitiveness of Scottish companies within the UK/Europe/globally?
  • What are the relevant businesses, sectors, markets, products or services that might be affected by the action?
  • Will the action restrict or increase competition in these markets?
  • Will it make it harder for new firms to enter a market?
  • Will it impact suppliers (number/range/competitiveness)?
  • Could impacts be different for different parts of an industry or different parts of a supply chain?
  • Will micro and small businesses be impacted differently? (Consider regulatory burden, compliance flexibility options, distribution of benefits, cost penalties of non-compliance)

Local authorities

  • What is the impact on local authorities?

Consumers – includes users of public services

  • Will the quality, availability or price of goods or services in a market be affected?
  • Does the action affect the essential services market, such as energy or water?
  • Does the action involve storage or increased use of consumer data?
  • Could there be increased opportunities for third parties to take advantage of government initiatives to target consumers whose circumstances make them more vulnerable?
  • Could the action add complexity in a market, which could lead to information asymmetries or make it more difficult for consumers to understand their rights
  • Could the action affect routes for consumers to seek advice or raise complaints on consumer issues?
  • Will it limit the choices and information available to consumers?

Regulators

  • What is the impact on regulators?

Organisations in the third sector

  • What is the impact on organisations in the third sector?
  • Environment
  • Will there be disproportionate impacts on the environment, including disproportionate cost of compliance and monitoring?

General

  • Have any new forms been introduced as a result of the action?

Moving to digital / online

  • Does the action take account of changing digital technologies and markets?
  • Will the action be applicable in a digital/online context?
  • Will the action potentially have an adverse impact on traditional or offline businesses?
  • If the action can be applied in an offline and online environment, will this in itself have any adverse impacts on incumbent operators?

Costs and Benefits

  • What will the costs and benefits of the action be, relative to the status quo were the action not introduced (i.e. will they be additional and monetised)?