Offshore wind - strategic compensation policy: business and regulatory impact assessment

Annex A: Consumer Duty Impact Assessment Not Required Template

Title of the programme/proposal/decision

Strategic Compensation Policy for Offshore Wind

Programme/proposal/decision/implementation date

The Strategic Compensation Policy for Offshore Wind has been developed in accordance with Part 13 Chapter 1 of the UK Energy Act 2023, and which provides for reform to the Habitats Regulations as they apply to relevant offshore wind activities (as defined in the Energy Act 2023).

The purpose of the policy is to create 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. Following consultation, the policy will be updated and finalised before informing the drafting of a Scottish Statutory Instrument and associated guidance. The implementation date is anticipated as late 2025/early 2026.

Directorate/Division/Service/Team

Strategic Compensation Policy Team, Acceleration of Regulatory Reform for Offshore Wind (ARROW) Division, Directorate for Offshore Wind

Responsible officer for taking decision

Emily MacDonald

Who else participated in taking the decision

Ewan Campbell/Joanne Napier

Was the decision taken by a partnership?

No

Rationale for decision

Whilst it has been assessed that this policy is strategic in nature, potential impacts from the policy are not anticipated to impact consumers as defined by the Consumer Duty Impact Assessment (CDIA).

The reasoning behind this decision being that the policy will not affect the quality, availability or price of any goods or services on the market. Other impact assessments have taken place to evaluate localised impact such through the partial Business and Regulatory Impact Assessment.

Declaration

I confirm that the decision not to perform a CDIA has been authorised by:

Name and job title: Lucy Law, Deputy Director Planning and Research, Offshore Wind Directorate

Date: 01/06/2025