Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026: BRIA

Introduction

This is the Final Business and Regulatory Impact Assessment (BRIA) for the proposed Conservation of Habitats and Species (Offshore Wind)(Miscellaneous Amendments)(Scotland) Regulations 2026 (referred to in this document as Offshore Wind Environmental Assessment Reform Scottish Statutory Instrument (OW EAR SSI)) that will reform the Habitats Regulations^[1] for offshore wind, the underpinning Strategic Compensation Policy for Offshore Wind and forthcoming associated guidance (together referred to as the ‘habitats reforms’). The habitats reforms have been developed to provide a more flexible and pragmatic approach to environmental compensation requirements under the Habitats Regulations for offshore wind, unlocking barriers to offshore wind and its associated benefits and providing new opportunities for positive investment in Scotland’s marine environment.