Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021: business and regulatory impact assessment - final

Final Business and Regulatory Impact Assessment (BRIA) for the introduction of market restrictions on problematic single-use plastic items as identified in Article 5 of the EU Single-Use Plastics Directive (EU SUPD).

10.0 Digital Impact Test

303. Changes to policy, regulation or legislation can often have unintended consequences, should government fail to consider advances in technology and the impact this may have on future delivery. This digital impact test is a consideration of whether the changes being made can still be applied effectively should business/government processes change – such as services moving online. The below details the evaluation of the market restrictions on current and future digital developments. Overall, it is viewed that the legislation will not have an adverse impact on digital technology developments.

Table 18. Digital Impact Test Questionnaire

Question 1. Does the measure take account of changing digital technologies and markets?

Potential changes in digital technologies and markets are being accounted for during the development of this legislation.

Question 2. Will the measure be applicable in a digital/online context?

Any restrictions would apply equally to both online and offline suppliers.

Question 3. Is there a possibility the measures could be circumvented by digital/online transactions?

As the affected single-use plastic products are sold by both traditional and online suppliers, the legislation would also need to apply to online transactions in order to be effective and meet the stated objectives.

Question 4. Alternatively, will the measure only be applicable in a digital context and therefore may have an adverse impact on traditional or offline businesses?

The legislation would be applicable equally to both digital and traditional businesses and would therefore not result in an adverse impact on traditional or offline businesses.

Question 5. If the measure can be applied in an offline and online environment will this in itself have any adverse impact on incumbent operators?




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