Business and regulatory impact assessment: toolkit
This toolkit provides guidance on how to complete a business and regulatory impact assessment (BRIA) using the BRIA template. BRIAs estimate the costs, benefits and risks of proposed legislation, voluntary regulation, codes of practice or guidance that impact the public, private or third sector.
Legal Aid Impact Test
BRIAs relating to all proposed regulations in Scotland that could give rise to increased use of legal processes or create new rights or responsibilities should give particular attention to possible impacts on the legal aid fund.
If you are working on policy you must consider what implications it may have on fulfilling individuals' right to access to justice through availability of legal aid and possible expenditure from the legal aid fund. Such impacts are likely if your policy will create a new procedure or right of appeal to a court or tribunal, any change in such a procedure or right of appeal, or any change of policy or practice which may lead people to consult a solicitor. Consideration should also be given to whether the policy will result in additional people seeking legal assistance or being taken through the courts. If an impact is identified, some kind of estimate of the additional numbers should be given.
In order to fully convey the background and policy intentions along with the draft BRIA, please include a copy of the related Bill and/or related strategy and consultation documents. Please note that your information will be shared with the Scottish Legal Aid Board in order to complete the legal aid impact test.
If having read the guidance you still require advice, please contact the Access to Justice Team (legalaidtrawl@gov.scot) – You should allow 10 working days for a response. Record the results of your discussion with the Access to Justice Team in this section.
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