Scottish Marine Recovery Fund: Partial Business and Regulatory Impact Assessment

Section 4: Additional implementation considerations

Enforcement/compliance

Establishing a Scottish MRF is not anticipated to require any significant 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 role of the Scottish MRF in securing suitable compensatory measures for offshore wind projects 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

It is currently proposed that the MRF that an offshore wind developer applies to would depend on where their project is determined and where the adverse impacts on protected sites are expected to occur. Projects determined in Scotland with adverse impacts on protected sites only within the Scottish inshore or offshore regions (Scottish waters) would be able to apply to the Scottish MRF for the required compensation.

If the project is expected to have adverse impacts on protected sites beyond Scottish waters, for example English waters, offshore wind developers may be able to choose whether their application to the Scottish MRF also addresses the impacts to these sites. Offshore wind developers may also be able to apply to the UK Government MRF for compensation measures to address adverse impacts on protected sites beyond Scottish waters. Projects determined within English, Welsh or Northern Irish waters may also be able to apply to the Scottish MRF, primarily in the case of said projects having adverse impacts on Scottish protected sites.

Policy development across both MRFs is still under development. There is therefore a risk of policy and regulatory divergence between how the two MRFs operate in practice, particularly given that each MRF will be tailored to the licensing and consenting processes to which they apply, and which differ between Scotland and the rest of the UK.

The impacts of any potential divergence will continue to be considered as policy development progresses and ahead of this draft partial BRIA being finalised.

International Trade Implications

The establishment of a Scottish MRF is taking into account potential trade implications, including in relation to the UK-EU Trade and Cooperation Agreement. More widely, a Scottish MRF 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.

EU Alignment considerations

Establishing a Scottish MRF on its own is not anticipated to give rise to any EU alignment considerations.

Legal Aid

Establishing of a Scottish MRF is not anticipated to impact individuals' right to access to justice through availability of legal aid.

Digital impact

Establishing a Scottish MRF is not applicable to a digital/online context and therefore this section is not relevant to the MRF.

Business forms

As part of establishing a Scottish MRF, officials are considering how application processes for offshore wind developers would work in practise. Whilst this element of the policy work is still under development, new forms for businesses could be developed so that developers can, for example, express their interest in accessing compensatory measures in the Scottish MRF.