Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026: BRIA
The 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)).
Section 5: Next Steps and Implementation
Recommendations/Preferred Options
The recommended option is for the Strategic Compensation Policy for Offshore Wind to be progressed through the introduction of the OW EAR SSI and associated guidance rather than to adopt a ‘do nothing’ approach.
As set out above, the current approach to securing compensatory measures under the Habitats Regulations creates challenges for delivering Scotland and UK offshore wind ambitions as there have been difficulties identifying suitable compensatory measures that are targeted at particular features impacted by offshore wind projects. In light of the proposed pipeline of upcoming offshore wind developments, greater flexibility in our approach to environmental compensation under the Habitats Regulations is required for offshore wind activities.
Reforming how compensatory measures are secured for offshore wind developments has been recognised as essential for ensuring a clean energy pipeline and its economic benefits, and as a means of delivering net zero and tackling the twin crises of climate change and biodiversity loss. If the policy was not progressed, there is a real risk that Scotland’s offshore wind ambitions would be limited by the availability of compensatory measures.
Implementation and Delivery Plan
Following approval by Scottish Ministers, the OW EAR SSI will be laid in the Scottish Parliament to deliver reforms to the Habitats Regulations as they apply to offshore wind in the Scottish inshore region (0-12 nautical miles (nm)). In parallel a UK Statutory Instrument (SI) will provide reforms that apply in the Scottish offshore region (beyond 12 nm). The intention is that the SI and SSI will achieve mirror reforms as far as possible. We consider it important to achieve this coherence for developments which have components in both the inshore and offshore regions.
Scottish Ministers will also develop and publish statutory guidance in relation to exercising functions to secure compensation which will need to be adhered to alongside the SSI.
Stakeholders will continue to be engaged on the development of this guidance to ensure it is fit for purpose, successful in achieving its aims and addresses stakeholder views as far as possible.
Post Implementation Review
The OW EAR SSI will include a review clause which requires that the SSI and associated guidance be reviewed considering the impacts on the environment and the impacts on relevant offshore wind activity. A report of the review’s findings must be published before 30 April 2031 and subsequently at intervals not exceeding 5 years.