Equality and human rights mainstreaming: consumer duty impact assessment not required statement

Equality and Human Rights Mainstreaming Strategy, Action Plan and Toolkit Consumer Duty Impact Assessment Screening

Decision relating to full Consumer Duty Impact Assessment not required

Title of the policy/proposal:

Equality and Human Rights Mainstreaming Strategy, Action Plan and Toolkit (three elements of mainstreaming package, to be published as a suite of products).

Consumer Duty has been considered against the three separate but related elements.

Directorate/Division/Team:

Equality, Inclusion and Human Rights Directorate, Mainstreaming Operational Delivery Team.

Responsible policy official for taking decision:

Gillian Connelly – Mainstreaming Operational Delivery Team.

Who else participated in taking the decision:

Gillian Connelly (EQIA lead; coordinating)

Rob Priestely (Unit Head)

Rationale for deciding that the strategic decision would have no impact on consumers:

We have considered the legal framework - The Consumer Scotland Act 2020 (the Act) which came into force on 1 April 2024 and was applied to Scottish Ministers through secondary legislation (The Consumer Scotland Act 2020 (Relevant Public Authorities) Regulations 2024) as well as the Consumer Scotland guidance. Having considered the Consumer Duty, it is our assessment the Equality and Human Rights Mainstreaming Strategy, Action Plan and Toolkit will have no direct or indirect impact on consumers.

A CDIA must be completed if a strategic decision is taken and impacts on consumers. It should be considered at the point a strategic decision is made, not implemented – which could be a new or revised policy – and the term ‘policy’ encompasses a wide range of activities.

The Duty is intended to improve the extent to which consumers are considered in strategic policy and decision-making in order to deliver better policy outcomes for consumers in Scotland. It is vital for ensuring that the Scottish Government’s policies and practices avoid harm to consumers. The Act defines a consumer as either an individual or a small business that purchases, uses or receives goods or services in Scotland, where those goods or services are supplied in the course of business.

Although the duty applies to all consumers, you're encouraged to prioritise consumers in vulnerable circumstances in order to avoid harm to these groups of consumers where appropriate. This work should be proportionate and targeted. Some strategic decisions are more likely to impact vulnerable consumers or can have a more significant impact on them than others. No impact on consumers including negative direct or indirect impacts have been identified in respect of the Equality and Human Rights Mainstreaming Strategy, Action Plan and Toolkit.

Declaration:

I have read the ‘rationale for deciding that the strategic decision would have no impact on consumers’ section of this template.

I am satisfied that all considerations have been assessed and met and that a Consumer Duty Impact Assessment is not required in this instance.

Name: Rob Priestley

Job title: Rob Priestley, Unit Head, EIHR Directorate

Date: 28/10/25

Ministerial Sign Off:

The decision not to conduct Consumer Duty Impact Assessment was communicated to Ms. Stewart, Minister for Equalities, on 4 November 2025 and her agreement was given on 11 November 2025.

Publication:

Date published to SG website: 08/12/2025