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Publication - Impact assessment

Partial Business and Regulatory Impact Assessment

Published
2 Mar 2026

7. UK, EU and International Regulatory Alignment and 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.

These assessments are based on early internal policy analysis. No dedicated engagement with UK Government, devolved administrations, or international partners has yet taken place in relation to the BRIA. Further analysis will be undertaken during the shadow phase, particularly where cross border considerations such as secure care may have implications for regulatory alignment.

Legal aid

Officials must assess whether the policy could increase demand for legal aid, create new rights or responsibilities, or lead to additional legal processes. If impacts are identified or uncertain, the Access to Justice team and the Scottish Legal Aid Board should be consulted.

Digital impact

Digital approaches will be balanced with analogue options to ensure inclusivity. Risks for those without digital access will be mitigated by providing alternative channels. The impact of digital-only or hybrid approaches on traditional businesses will be assessed and addressed.

Digital technologies are central to modern service delivery. Officials must consider:

  • whether changes are compatible with digital and analogue processes
  • the risk of unintended consequences if digital advances are not considered
  • the impact on businesses and individuals without digital access
  • whether digital-only or hybrid approaches are appropriate and fair.

Digital impact considerations remain at an early stage. Further work and engagement will be undertaken to ensure any digital expectations linked to NSWA processes are proportionate, accessible, and reflective of the differing capacities of organisations across the sector.

Business forms

Any new forms introduced as a result of legislation will be tested with a representative sample of affected businesses (at least 6–12), ensuring they are clear, simple, and easy to complete. Feedback from businesses will inform the design and implementation of forms.

To ensure inclusivity and accessibility, forms will be provided in both digital and non-digital formats where appropriate, and support will be available for businesses with limited digital access. The testing process will include businesses of varying sizes and sectors to ensure forms are fit for purpose across the full range of affected organisations. 

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