The Official Controls (Location of Border Control Posts) (Scotland) Regulations 2026 - Business and Regulatory Impact Assessment

Section 7: Options Considered and Recommended

7.1 Options considered initially (or so far if this is a Partial BRIA)

Specific proposals included in the public consultation:

1. Distance requirements: The Scottish Government proposed limits on how far a BCP may be located from a point of entry and still be designated as a BCP for that point of entry. In England, goods arriving at the Port of Dover for checks are directed to the Sevington BCP, which is located about 20 miles from the point of entry. The current proposal requires that the BCP and the point of entry are in the same freeport or outer boundary of the freeport, to ensure that goods will not be carried over significant distances before checks are carried out, to avoid risks of diversion and of making checks impractical.

2. Protecting biosecurity and public health: The Scottish Government considers that in cases where a BCP is to be located in the area, but not in the immediate vicinity of a point of entry, that there must be conditions which adequately protect biosecurity and public health. Under current legislation, a BCP must be located at a sufficient distance from establishments or places where animals, plants, plant products or other products, which are susceptible to being infected by transmissible disease or pests, are kept or grown. The proposal does not change this minimum requirement. Appropriate arrangements must be put in place to manage any risks that would arise from a BCP being located at a distance from the point of entry. The nature of those arrangements may differ depending on the type of goods, and the distance of the BCP from the point of entry. Before designating a BCP at a distance from a point of entry, the Scottish Government must be satisfied that the person who will be responsible for operating the BCP will put in place adequate measures to manage any risk to human, animal or plant health or the environment.

3. Time limiting changes: The proposed changes are only intended to deal with the uncertainty of the present situation while an SPS Agreement between the UK and the EU is negotiated and are not intended to be a permanent derogation from the minimum requirements as to the location of a BCP. If the negotiations for an SPS Agreement between the UK and the EU are unsuccessful, the Scottish Government may wish to allow operators who have benefited from the proposals to continue to benefit from them for a limited period.

7.2 Recommendations/ preferred options

In November 2025, the Minister for Agriculture and Connectivity agreed to consult on the introduction of legislation to remove obstacles caused by the requirements that a BCP is to be in the immediate vicinity of a point of entry.

No specific element of the proposals have been updated in response to consultation feedback. However, there would be further consultation and involvement of public authorities regarding enforcement procedures if businesses were to engage with the updated requirements.

The proposals contain conditions for distance requirements and biosecurity measures. No time limited elements are explicitly contained within the proposals.