Scottish Marine Recovery Fund: consultation

8. Impacts assessments

We are assessing the potential impacts of the establishment of a Scottish MRF. To support this consultation, we have considered different groups and whether an impact from the Scottish MRF is likely. For those where an impact is possible, partial impact assessments have been completed, and we are seeking your views on the findings and any other relevant information. Final impact assessments will be published as required, alongside the final policy outcomes in winter 2025/26.

8.1. Partial Business and Regulatory Impact Assessment (BRIA)

When developing policy, the Scottish Government must consider whether a policy is likely to increase or reduce the costs and burdens placed on businesses, the public sector, voluntary and community organisations. The draft partial BRIA has found that by supporting the expansion of offshore wind development in Scotland, a Scottish MRF could have:

• positive impacts for the offshore wind industry and related businesses (e.g., supply chain businesses) as it will provide opportunities for a wider range of compensation to be secured for offshore wind development
• negative impacts on commercial fisheries due to the expansion of offshore wind development and the introduction of spatially defined compensatory measures
• an impact on other marine users (e.g., commercial shipping) due to the expansion of offshore wind development and spatial demands for compensatory measures, which will increase demand for use of marine space.

As of April 2024, there is a statutory duty introduced by the Consumer Scotland Act 2020 on relevant public authorities in Scotland, including the Scottish Government, to improve the extent to which consumers are considered in strategic decision-making. A key principle of the Duty will be to ensure all public bodies are working towards improving outcomes for consumers as part of their strategic decision-making process.

The Consumer Scotland Act 2020 defines a consumer as an individual or small business who buys, uses or receives goods or services in Scotland, or could potentially do so, supplied by a public authority or other public body. The Consumer Duty is considered within the BRIA.

8.2. Island Communities Impact Assessment (ICIA)

The Islands (Scotland) Act 2018 provides for a duty on Scottish Ministers and other relevant public bodies that they must have regard to island communities in exercising their functions and in the development of legislation. Section 13 of the 2018 Act obliges the Scottish Ministers to prepare an Islands Communities Impact Assessment (ICIA) in relation to legislation which, in their opinion, is likely to have an effect on an island community that is significantly different from its effect on other communities in Scotland.

An ICIA scoping exercise was undertaken to support this consultation, which did not identify any unique impacts to island communities from the establishment of a Scottish MRF, and therefore concluded a full ICIA was not considered necessary at this time. This conclusion will be updated before the policy is finalised to reflect any new evidence gathered during the public consultation.