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Publication - Impact assessment

Partial Business and Regulatory Impact Assessment

Published
2 Mar 2026

6. Additional implementation considerations

Compliance expectations and approach

For the NSWA policy to be effective, businesses and stakeholders must understand and comply with new expectations. At this stage, expectations are still being developed and will be refined further as implementation planning progresses. Early indications are based on internal policy work rather than formal consultation. A proportionate approach will be taken, with clear communication and phased expectations to minimise burden, particularly for smaller organisations.

Levels of compliance

Officials have identified what constitutes minimum, reasonable, and best practice compliance for each policy option. These levels are informed by available resources, sector feedback, and the need to avoid unnecessary burdens, especially for small and micro businesses.

These compliance levels are indicative and will require further testing with stakeholders as implementation develops. Additional engagement will be undertaken to validate assumptions and ensure expectations are realistic, achievable, and proportionate.

Encouraging and supporting compliance

  • the Scottish Government and its partners will promote compliance by providing clear, accessible information and guidance to businesses and the public
  • expectations will be communicated early and consistently, with targeted outreach to sectors most affected
  • support mechanisms, such as helplines, FAQs, and training, will be made available to help businesses – particularly smaller organisations – understand and meet their obligations
  • engagement will be ongoing, with opportunities for feedback and clarification

Monitoring compliance

Monitoring and enforcement expectations are still being developed and will be proportionate to the non-regulatory nature of the NSWA. At present, no new enforcement powers are anticipated.

Where organisations are expected to demonstrate compliance with new standards or expectations:

  • Existing monitoring mechanisms (such as those used by SSSC, the Care Inspectorate, and local authorities) will be used where possible
  • New reporting requirements will only be introduced where necessary and proportionate
  • Consideration will be given to the capacity of small and micro organisations to meet reporting expectations

Further testing with stakeholders will help shape the appropriate level of monitoring and reduce the risk of duplication or administrative burden.

Alignment with UK, EU, and international obligations

The policy has been assessed for potential divergence between UK nations. Market access principles under the UK Internal Market Act 2020 have been considered, and no barriers to mutual recognition or non-discrimination are anticipated. The proposal is compliant with WTO and relevant FTAs. EU standards have been reviewed and alignment maintained where appropriate.

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