Annex C: Partial Business and Regulatory Impact Assessment
Title of Proposal
Safe and Effective Staffing: Consultation on proposals to enshrine safe staffing in law, starting with the nursing and midwifery workload and workforce planning tools.
Purpose and intended effect
Rationale for Government intervention
The legislation will be developed in a collaborative way involving colleagues from across and outwith the Scottish Government.
Option 1 - Do Nothing
Under Option 1, the situation would remain as it is at present. The tools are currently mandated for by NHS Boards and are more widely used but there is scope to ensure they are more consistently applied and reviewed within NHS Boards across Scotland.
Option 2 - Introduce Safe and Effective Staffing Legislation
This will create a statutory duty on organisations providing health and social care to apply the workforce tools, starting with the nursing and midwifery tools on a consistent basis.
The full consultation document covering the proposed legislative measures that will be developed is published in conjunction with this partial BRIA.
Sectors and groups affected
The legislation would apply to organisations providing health and social care and be applicable only in settings and in staff groups where a nationally agreed methodology and tools exist.
The legislation would apply to all providers of health and social care services.
Option 1: there would be no action and therefore no
Option 1: there would be no action and therefore no net additional costs to government or to providers of health and social care services.
Option 2: The legislation should not create sizeable additional costs or liabilities for government.
The Scottish Government and NHS Boards would need to consider if it was necessary to introduce any additional training on application of the use of the tools and consider the costs and resources which would be required.
Scottish Firms Impact Test
The proposal is designed to reinforce a culture of safety and quality for patients in Scotland in all health and social care settings. There have been no consultations with Scottish firms who may be affected. The consultation which this document accompanies actively seeks the views of businesses who may be affected by these proposals and who the consultation document has been forwarded to.
Will the proposal directly limit the number or range of
Will the proposal indirectly limit the number or range of
Will the proposal limit the ability of suppliers to
Will the proposal reduce suppliers' incentives to compete
Will the proposals limit the choices and information
available to consumers?
Test run of business forms
No new forms for business are anticipated.
Legal Aid Impact Test
As part of the legislative development process we will liaise with the Scottish Government Access to Justice Team to gauge whether any proposed legislation will affect Legal Aid. This will be detailed within the final BRIA.
Enforcement, sanctions and monitoring
The enforcement, sanctioning for non-compliance and monitoring of any proposed legislation will be detailed within the full BRIA.
Implementation and delivery plan
12 April 2017 - launch of consultation process.
A review process will be considered as the legislation is developed.
Summary and recommendation
Option 2 is the option on which the Scottish Government wishes to consult.
Summary costs and benefits table
This will be detailed in the full BRIA, following consultation and accompanying documents.
Declaration and publication
I have read the Business and Regulatory Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the leading options. I am satisfied that business impact has been assessed with the support of businesses in Scotland.
Date: 30 March 2017
Minister's name Shona Robison
Scottish Government Contact point: Dawn Sungu, Chief Nursing Officer Directorate
Email: Dawn Sungu
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House