Offshore wind - strategic compensation policy: business and regulatory impact assessment
Partial business and regulatory impact assessment (BRIA) for the strategic compensation policy for offshore wind assesses potential impacts of the proposed policy to businesses and regulatory frameworks.
Section 4: Additional Implementation Considerations
Enforcement/Compliance
The policy is not anticipated to require any enforcement/compliance activity. As set out above in section 3, MD-LOT is responsible for the processing of offshore wind applications and supporting organisations through the licensing and consenting process. The policy would need to be taken into account as part of these processes.
UK, EU and International Regulatory Alignment and Obligations
Internal Market/Intra-UK Trade
The policy has been developed in close consultation with the UK Government and other devolved administrations to minimise regulatory divergence between UK nations. This reflects the complex role of reserved and devolved powers in this policy area.
While the Scottish Ministers have devolved legislative and executive competence for application of the Habitats Regulations in the Scottish inshore region (within 12nm), they have devolved executive competence in the Scottish offshore region (beyond 12nm).The UK Government retains powers to make legislation in the Scottish offshore region, and any amendments made to the Habitats Regulations through the UK Government’s SI will apply there. The Scottish Government is responsible for developing guidance on how the policy would apply across both the Scottish inshore and offshore regions.
International Trade Implications
The development of the policy has taken into account potential trade implications, including in relation to the UK-EU Trade and Cooperation Agreement. More widely, the policy is not anticipated to have a significant impact on the import or export of specific goods or services, nor does it place particular technical requirements upon imported or exported goods.
Alignment with EU Law
The Habitats Regulations are transposed in Scotland from the European Union Council Habitats and Birds Directives. While implementing this policy will result in a different approach to the Habitats Regulations applying in Scottish and UK waters when compared to the current approach taken within the EU, we remain committed to maintaining and advancing the high standards that Scotland shares with the EU.
Legal Aid
The policy is not anticipated to impact individuals' right to access to justice through availability of legal aid.
Digital Impact
The policy is not anticipated to have any significant digital impacts.
Business Forms
Not applicable.