Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026: FSDA not required declaration

Fairer Scotland Duty Assessment Not Required Declaration for the Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026

Title of policy, strategy or programme:

The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, (referred to as the Offshore Wind Environmental Assessment Reform Scottish Statutory Instrument (OW EAR SSI))

Directorate: Offshore Wind Directorate

Division: Planning Assessment, Compensation Evidence (PACE)

Team: Strategic Compensation Policy

Policy lead responsible for taking the decision: Emily MacDonald, Strategic Compensation Policy Team Lead

Rationale for decision:

The reforms to the Habitats Regulations enabled by this SSI are expected to affect:

• Offshore wind developers operating within Scottish inshore waters who are subject to the Habitats Regulations (and the equivalent UK SI will impact developers operating within Scottish offshore water).
• Public sector bodies involved in offshore wind decision making in Scotland (e.g. the Scottish Government, SNCBs such as NatureScot, Crown Estate Scotland).
• ENGOs and research and science organisations involved in the delivery of offshore wind developments in Scotland.

Other marine industries such as the fishing sector, in addition to local communities and users of coastal and marine spaces may be impacted by the implementation of strategic compensatory measures. However, these impacts will differ depending on the specific type and location of compensatory measures brought forward. For instance, a compensatory measure for addressing the impacts of an offshore wind farm could be a programme of rodent eradication on a remote Scottish island or a programme of spatial management measures in an area of the sea with potential access restrictions for other marine users. This would have various impacts on the people living in the area where the measures were taken forward.

It is also worth noting potential positive outcomes resulting from the implementation of strategic compensatory meausures including:

• Enabling investment in marine enhancement projects, with potential benefits for coastal resilience, ecosystem services, and community and individual wellbeing.
• Supporting job creation and infrastructure growth through the offshore wind supply chain.
• Creating opportunities for more coordinated investment that may include community or skills-based outcomes.

However, whether specific costs, impacts and benefits eventuate from the introduction of the reforms will be dependent on individual offshore wind project consenting decisions. That is, although the reforms seek to enable a wider range of compensatory measures to be available for offshore wind development, Scottish Ministers will still need to be satisfied that any compensatory measures package put forward for an offshore wind project is sufficient to compensate for the adverse effects of that proposed development.

Further, the OW EAR SSI and associated guidance will set a legislative and policy framework that will enable the implementation of strategic and wider compensatory measures. They will not however impose or mandate specific types or locations of compensatory measures.

Potential impacts from the implementation of specific strategic compensatory measures are dependent on their nature, type, location, scale and many other delivery factors. Different measures would have various potential impacts on the local communities and the environment particular to the location. However, these impacts will differ depending on the specific type and location of compensatory measures brought forward.

Therefore, potential impacts from specific compensatory measures will be more appropriately assessed at the point where specific measures or projects are known. As part of the governance process of identifying specific compensatory measures to take forward, measures would be subject to consideration of potential impacts and impact assessments may be undertaken as required.

As such, the OW EAR SSI is not of itself expected to result in direct or disproportionate impacts on those experiencing socio-economic disadvantages. It is therefore assessed that an FSDA is not required for this SSI. A full BRIA has been undertaken to assess impacts on businesses and regulatory processes.

No changes to the proposed SSI or underpinning Policy were deemed necessary to meet the requirements of the Fairer Scotland Duty. However, as noted above, the identification and implementation of specific compensatory measures, enabled by these policy and legislative changes, will need to be considered, assessed and monitored in relation to Scotland’s broader just transition objectives.

Sign off:

I confirm that the decision not to carry out a Fairer Scotland assessment has been authorised by:

Name and job title of Deputy Director (or equivalent): Lucy Law, Deputy Director, Planning Assessment Compensation and Evidence Division, Offshore Wind Directorate

Date authorisation given: 16.12.25