Legislation and Policy Context

Guidance and Legislation

Business and Regulatory Impact Assessments (BRIA): Toolkit

This toolkit, published by Scottish Government in 2022, sets out guidance and information on how to complete a BRIA.

BRIAs help to assess the likely costs, benefits, and risks of any proposed primary or secondary legislation, voluntary regulation, codes of practice, guidance, or policy changes that may have an impact on the public, private or third sector (such as charities, community groups and other non-profit-making organisations).

The purpose of a BRIA is to provide an understanding to interested parties of:

  • why the government is proposing to intervene
  • options the government is considering and which is preferred
  • how and to what extent new policies may impact interested parties, business and Scotland’s competitiveness
  • the estimated costs and benefits of proposed measures.

The Scottish Government recommends and encourages the completion of a BRIA as best practice to assess the impact of new legislation, as well as other changes such as voluntary guidance or policy changes, even where they do not necessarily present additional obvious burdens. In such cases, it can either help confirm understanding that the impact will not change or identify and address unintended impacts which have not been identified previously.

The content of a BRIA should be proportionate to the problem involved and the size of the proposal.

A BRIA Template was published by Scottish Government in December 2022 and provides a standardised structure for completing a BRIA. This Partial BRIA has been completed in line with the guidance set out within both the BRIA Toolkit and BRIA Template.

National Policy Context

This section provides an overview of the most relevant national policies to the A96 Corridor Review.

 

National Planning Framework 4 (NPF4)

The NPF4 is a long-term plan providing the vision and spatial strategy for Scotland to 2045 and provides guidance to where development and infrastructure should be planned. ( Scottish Government (2023) National Planning Framework 4: revised draft )

NPF4 identifies six overarching principles to support the delivery of future places. These are:

  • Just transition
  • Conserving and recycling assets
  • Local living
  • Compact urban growth
  • Rebalanced development
  • Rural revitalisation.

Applying these spatial principles will support the delivery of:

  • Sustainable places where we reduce emissions, restore and better connect biodiversity
  • Liveable places where we can all live better, healthier lives
  • Productive places where we have a greener, fairer and more inclusive wellbeing economy.

National Strategy for Economic Transformation (NSET): Delivering Economic Prosperity

The National Strategy for Economic Transformation ( Scottish Government (2022) Scotland’s National Strategy for Economic Transformation. ) is the Scottish Government’s economic strategy for Scotland and outlines an ambition for a successful Scottish economy up to 2032. It encourages businesses to join the government in its pursuit of the strategy’s ambition of a fairer, wealthier, and greener country.

The strategy highlights that success means a strong economy where good, secure and well-paid jobs and growing businesses have driven a significant reduction in poverty.

A key aim is to establish Scotland as a world-class entrepreneurial nation with a much stronger pipeline of scaling businesses and founded on a culture that encourages, promotes, and celebrates entrepreneurial activity in every sector of their economy.

National Transport Strategy 2 (NTS2)

NTS2 ( Transport Scotland (2020) National Transport Strategy 2. ) outlines Scotland’s transport vision for the next 20 years through the following four priorities:

  • Reduce inequalities
  • Taking climate action
  • Delivering inclusive economic growth
  • Improving health and wellbeing.

The following transport challenge relevant to the Partial BRIA is identified through NTS2:

  • Productivity, labour markets, fair work and skilled workforce, and trade and connectivity: an efficient transport system, that is affordable, fair and inclusive for employers and the workforce will help address some of these challenges.

Strategic Transport Projects Review (STPR)

STPR outlines the Scottish Government’s 29 transport investment priorities over the period to 2032. ( Transport Scotland (2008) Strategic Transport Projects Review. )

The review recognises the central role of transport; “An efficient transport system is one of the key enablers for enhancing productivity and delivering faster, more sustainable economic growth”.

The following objectives were identified for the corridor between Inverness and Aberdeen specifically to:

  • improve connectivity, particularly by public transport between Inverness city centre and the growth area to the east including Inverness Airport
  • improve journey time and increase opportunities to travel, particularly by public transport, between Aberdeen and Inverness
  • reduce the accident rate and severity rate to current national average.

Strategic Transport Projects Review 2 (STPR2)

The second Strategic Transport Projects Review ( Transport Scotland (2022) Final technical report – December 2022 – STPR2 ) informs transport investment in Scotland and helps to deliver the visions, priorities and outcomes set out in the NTS2.

STPR2 has five key objectives that it aims to address:

  • Taking climate action
  • Addressing inequalities and accessibility
  • Improving health and wellbeing
  • Supporting sustainable economic growth
  • Increasing safety and resilience.

Over a 20-year period (2022-2042), the STPR2 aims to: enhance accessibility across Scotland for residents, visitors and businesses; create better connectivity with sustainable, smart and cleaner transport options; and highlight the vital contribution that transport investment can play in enabling and sustaining Scotland’s economic growth.