West of Scotland Nature Conservation Marine Protected Area (NCMPA) site boundary amendment: final business and regulatory impact assessment

Consumer assessment

The Scottish Government definition of a consumer is “anyone who buys goods or digital content or uses goods or services either in the private of public sector, now or in the future.”

Under this proposal of amendment of the West of Scotland MPA is it not anticipated that it will impact consumers with regard to the quality, availability or price of goods or services. There is unlikely to be indirect consequences, such as increased opportunities for third parties to take advantage of government initiatives to target consulters whose circumstances make them more vulnerable, or added complexity in a market, which could lead to information asymmetries or make it more difficult for consumers to understand their rights.

Does the policy affect the quality, availability or price of any goods or services in a market?

No.

Does the policy affect the essential services marker, such as energy or water?

No.

Does the policy involve storage or increased use of consumer data?

No.

Does the policy increase opportunities for unscrupulous suppliers to target consumers?

No.

Does the policy impact the information available to consumers on either goods or services, or their rights in relation to these?

No.

Does the policy affect routes for consumers to seek advice or raise complaints on consumer issues?

No.

Test run of business forms

It is not expected that amendment of the West of Scotland MPA boundary will result in the creation of new forms for businesses to deal with or result in amendments of existing forms.

Legal Aid Impact Test

It is not expected that the amendment of the West of Scotland MPA boundary 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 decision impacted will largely affect businesses rather than individuals.

Digital Impact Test

Impacts on technology have been considered, and the proposed boundary amendment for the West of Scotland NCMPA is not expected to affect existing technologies or processes currently in use.

Enforcement, sanctions and monitoring

Responsibility for compliance, monitoring and enforcement of the provisions will be carried out by the Scottish Government Marine Compliance. Reserved issues will continue to be addressed by the respective departments within the UK Government.

Once an MPA is designated, public bodies have to take any authorisation or enforcement decision in accordance with the provisions defined in legislation to protect designated features of MPAs. If specific management measures are required for the site they will be developed and be subject of their own assessments, consultation, and implementation phase. Every six years a report is laid in the Scottish Parliament which details progress of the MPA network towards achieving its objectives.

Implementation and delivery plan

The designation order for the West of Scotland MPA was made on 25 September 2020 and the Order came into effect on 9 October 2020. Following completion of the public consultation and approval by Scottish Ministers, the boundary amendment for this MPA will be implemented in 2025 through an amendment to the existing designation order.

Summary and recommendation

Amending the site boundary for West of Scotland MPA under the Marine and Coastal Access Act (2009) will resolve an error in the original designation. It will also ensure exclusive management competence for the entire MPA, and allow future management measures to be implemented across the whole site to achieve the required conservation objectives.