About this Toolkit
This toolkit provides guidance and information on how to complete a Business and Regulatory Impact Assessment (BRIA), covering each section of the template. Where appropriate, hyperlinks are provided to navigate to detailed and specific
BRIAs help to assess the likely costs, benefits and risks of any proposed primary or secondary legislation, voluntary regulation, codes of practice, policy changes or guidance that may have an impact on the public, private or third sector.
BRIAs should also take account of the five principles of better regulation – namely that regulation is transparent, accountable, proportionate, consistent and targeted where appropriate.
Why do I need to do a BRIA?
BRIAs help to assess the likely costs, benefits and risks of any proposed primary or secondary legislation, voluntary regulation, codes of practice, guidance, or policy changes that may have an impact on the public, private or third sector.
In general, we would always recommend and encourage the completion of a BRIA as best practice. The BRIA helps assess the impact of new legislation, as well as other changes such as voluntary guidance or policy changes, even where they do not necessarily present additional obvious burdens. In such cases it can either help confirm understanding that the impact will not change or identify and address unintended impacts which have not been identified. The content of a BRIA should be proportionate to the problem involved and the size of the proposal.
BRIAs should be approved by Ministers and published on the policy area’s part of the Scottish Government website. If you do not feel there is a need to carry out a BRIA you should advise your Minister and seek Ministerial agreement.
The BRIA provides an understanding to interested parties of:
- Why the government is proposing to intervene;
- Options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them, on business and on Scotland’s competitiveness;
- The estimated costs and benefits of proposed measures.
APS publish BRIAs on behalf of the Scottish Government.