Scottish Marine Recovery Fund: interim guidance

Accessing compensation measures

The process for offshore wind developers to apply to a Scottish MRF would be separate from, but parallel to, the existing Scottish offshore wind consenting process. Primarily, the application process to the Scottish MRF will align with the established process for applying for a consent under section 36 of the Electricity Act 1989.

There would be multiple points in the section 36 consenting process where offshore wind developers with projects in Scottish waters could express interest in or apply to the Scottish MRF. This will depend on when the need to compensate for adverse impacts to protected sites is identified. It is anticipated an offshore wind developer would be most likely to submit an Expression of Interest to the Scottish MRF following their Environmental Impact Assessment or at the submission of their section 36 consent application, which may include a shadow derogation case.

The offshore wind developer would make a full application to the Scottish MRF once they have been made aware of the outcome of the Appropriate Assessment undertaken by the appropriate authority, which for projects in Scotland is the Scottish Ministers. At this stage, the developer would have the opportunity to revise their request for compensation to address the impacts identified and quantified by the Appropriate Assessment.

If the developer is subsequently granted a section 36 consent, it is anticipated that the requirement to pay into the Scottish MRF will be included as a condition attached to the section 36 consent.