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

Section 2: Engagement and Information Gathering

Engagement Approach

Our engagement approach to developing the policy to date has been focused on close engagement in the first instance between the Scottish Government, the UK Government and other devolved administrations. This reflects the complex mix of reserved and devolved powers which apply in this policy space, as set out under “Introduction” above.

We have kept businesses regularly informed of our progress in developing the habitats reforms where possible, particularly the offshore wind industry via Scottish Renewables, which acts as the voice for its Scottish renewable energy industry membership. We have also kept other key stakeholders (e.g., eNGOs) informed of our progress where possible.

A series of six targeted pre-consultation workshops were held to gather feedback and seek input from across Scottish Government, and key external stakeholders in the summer of 2024. Further details are set out below.

The proposed reforms were then consulted on for a six-week public consultation. Following consultation and analysis of consultation feedback, as set out the consultation analysis report (https://www.gov.scot/binaries/content/documents/govscot/publications/consultation-analysis/2025/12/offshore-wind-strategic-compensation-policy-consultation-analysis-report/documents/strategic-compensation-policy-offshore-wind-2025-consultation-analysis-report-22-july-2025-1-september-2025/strategic-compensation-policy-offshore-wind-2025-consultation-analysis-report-22-july-2025-1-september-2025/govscot%3Adocument/strategic-compensation-policy-offshore-wind-2025-consultation-analysis-report-22-july-2025-1-september-2025.pdf), and further engagement with the UK Government, other devolved governments and SNCBs, the approach detailed in the consultation was confirmed for taking forward in the development of the UK SI and the SSI in addition to associated guidance.

Internal SG Engagement/Engagement with Wider Public Sector

Internal SG Engagement

The habitats reforms have been developed with regular and close engagement between relevant areas of the Scottish Government’s Offshore Wind Directorate and Marine Directorate. This has included regular engagement at official and senior official levels between the Offshore Wind Directorate’s Offshore Wind Environmental Reform team and the Marine Directorate’s Licensing Operations Team (MD-LOT), and Science Evidence Data and Digital (MD-SEDD). From time to time and as required, other Directorates have also been engaged on development of the policy.

By taking this approach, we have sought to ensure that the reforms are both achieving the policy aim of supporting offshore wind development in Scottish waters and fit for purpose when integrated into current licensing and consenting processes for offshore wind applications.

UK/Devolved Administrations

The reforms have been developed in close consultation with the UK Government and other devolved administrations since the UK Energy Act 2023 came into force. This has included, but not been limited to, regular engagement between Scottish Government officials with representatives of both the Department for Environment, Food and Rural Affairs (DEFRA) and the Department for Energy Security and Net Zero (DESNZ).

This close engagement reflects the fact that developing a single and consistent offshore wind consenting regime across the Scottish inshore and offshore regions requires the alignment and coordination of different statutory instruments: whilst the Scottish Ministers are responsible for developing the statutory instrument for the Scottish inshore region (0-12nm), it is for UK Ministers to develop the statutory instrument for the Scottish offshore region (beyond 12nm).

Wider Public Sector

Public bodies engaged in a series of pre-consultation workshops relating to the development of the policy. Please see below under ‘Other Stakeholders’. Public sector bodies also responded to the public consultation.

In addition, we plan to undertake targeted stakeholder engagement with relevant stakeholders as part of the development of the guidance associated with the OW EAR SSI and as part of development and delivery of specific strategic compensatory measures. This engagement will support successful implementation of the reforms and post implementation monitoring.

International

The development of the reforms has been focused on engagement between the Scottish Government, the UK Government and other devolved administrations (EU alignment considerations are set out below).

Business / Third Sector Engagement

Offshore wind sector representatives were engaged in a series of pre-consultation workshops relating to the development of the policy. Please see below under ‘Other Stakeholders’. Offshore wind sector representatives also responded to the public consultation.

In addition, we plan to undertake targeted stakeholder engagement with relevant stakeholders as part of the development of the guidance associated with the OW EAR SSI and as part of development and delivery of specific strategic compensatory measures. This engagement will support successful implementation of the reforms and post implementation monitoring.

Other Stakeholders

The development of these reforms and of the policy presented in the consultation has been informed by stakeholder engagement including a series of six Scottish Government workshops held in the summer of 2024. These workshops were attended by representatives from a varied group of stakeholders and gathered views on proposed policy options for development. The primary focus of each workshop was:

1. Monitoring Effectiveness of Compensatory Measures

2. Adaptive Management

3. Securing Measures for the Environment

4. Securing Strategic Measures to Project Level Consents

5. Environmental Objective/Standard

6. Selection System

A follow-up session was also held to share the analysis from the collaborative workshops and to allow for further discussion. The discussion and feedback from the workshops helped to shape the policy which was subject to a public consultation for a 6-week period from 22 July 2025.

Public Consultation

As discussed above, a partial BRIA was prepared and published as part of a public consultation on the proposed reforms. The public consultation was held to gather views on the policy approach and the proposed reforms to be implemented through the OW EAR SSI and associated guidance.

The consultation was held from 22 July 2025 to 1 September 2025. The consultation consisted of two online consultation events which took place in early August. These allowed all members of the public and interested stakeholders to attend and ask questions directly to Scottish Government officials and to hear more about the policy proposals.

Over the same timeframe as the Scottish Government consultation, the UK Government also consulted on its associated consultation paper setting out its proposed reforms to the Habitats Regulations that are being amended by its SI. This is a reflection of the fact that a single and consistent licensing and consenting regime for offshore wind is required across the Scottish inshore and offshore regions.

The consultation asked specifically for comments on the partial BRIA. The total number of responses in relation to the partial BRIA was 29. Of these responses:

• Eight were from the offshore wind sector
• Eight were from the fishing sector
• Five were from eNGOs
• Five were from the public sector
• Two were from science and research
• One was from a political party

Prominent topics that arose in the consultation responses included:

• Calls for compensation projects to generate local economic benefits and that these should be intentionally built into the strategy as part of a Just Transition.
• Transparency, trust and public engagement are essential for successful delivery of the reforms.
• Concern on the potential impact of compensatory measures on the fishing industry and on highlands and island/coastal communities.
• Concern on the level of monitoring and enforcement required to implement the reforms and that these costs must not be transferred to communities or local authorities.
• Acknowledgement of potential benefits of strategic compensation in reducing cumulative regulatory burdens and project delays, while ensuring ecological effectiveness.

Overall, the responses showed that the partial BRIA was a positive step, but some stakeholders felt that it needed to be strengthened to fully capture local economic opportunities, regional needs, and the impacts on fishing and coastal communities. Some responses noted that the BRIA and delivery of the habitats reforms must ensure transparency and fair engagement, and that costs and risks should not be shifted to communities. A need to balance biodiversity protection with energy policy goals was also highlighted.

The feedback received as part of this consultation is reflected in this final BRIA.

Further Engagement Post Consultation

Following the close of the SG and UKG policy consultations, the Scottish Government took part in two post-consultation policy development workshops with UKG, devolved administrations and cross UK-wide SNCBs. The focus of these workshops was to discuss policy implementation options following respective consultation analyses. The workshops successfully resulted in agreements on what should be brought forward in legislation (through the SIs) as compared to what policies would be more appropriate for guidance.

Going forward, we plan to undertake targeted stakeholder engagement with relevant stakeholders as part of the development of the guidance associated with the OW EAR SSI and as part of development and delivery of specific strategic compensatory measures. This engagement will support successful implementation of the reforms and post implementation monitoring.