Draft marine and coastal restoration plan: partial business and regulatory impact assessment

Section 4: Additional implementation considerations

Enforcement/compliance

It is not anticipated that the objectives and actions within the plan will require compliance or enforcement. Compliance and enforcement provisions for any legislative protection mechanism for restoration would need to be considered at the time the mechanism was developed.

UK, EU and International Regulatory Alignment and Obligations

Internal Market/Intra-UK Trade

The United Kingdom Internal Market Act 2020 came into force following the UK leaving the EU single market. It is anticipated that the objectives and actions in the plan will have no impact upon internal UK trade including the United Kingdom Internal Market Act 2020 and the Common Framework Agreements.

International Trade Implications

It is not anticipated that the objectives or actions in the plan will have international trade implications.

EU Alignment consideration

Ministers have a policy commitment to maintain alignment with the EU where possible and in Scotland’s interest, while contributing towards protecting and advancing high standards, The Scottish Government believes that maintaining compliance with EU laws and regulations benefits Scotland's economy, public health, environment, and scientific research. Acceleration of restoration in Scotland may contribute towards protecting and advancing these standards.

The EU has recently passed an EU Restoration Law, setting out requirements for Member States to produce Restoration Plans by 2027. However, the scope of this Law and the associated plans regards restoration in the broadest sense of the word, encompassing both active restoration and pressure management. The Marine and Coastal Restoration Plan is narrower in focus, and not intended to be analogous to the EU Restoration Plans, but it will support maintaining broad alignment with EU standards.

It is not anticipated that the objectives or actions in the plan will have implications on access to EU markets, the Internal Market Act 2020, or Common Framework agreements.

Legal Aid

It is not expected that the objectives and actions in the plan will have any impact on the current level of use that an individual makes to access justice through legal aid or on the possible expenditure from the legal aid fund as any legal/authorisation decisions impacted by the measures will largely affect businesses rather than individuals.