The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026

“(3A)

The duties in paragraphs (1) and (3) do not apply to functions under regulation 53ZA (compensatory measures for relevant offshore wind activity).”.

“Compensatory measures for relevant offshore wind activity53ZA.

(1)

Where in accordance with regulation 49 (considerations of overriding public interest)—

(a)

a plan or project is agreed to, in respect of relevant offshore wind activity, notwithstanding a negative assessment of the implications for a European site or European offshore marine site, or

(b)

a decision, or a consent, permission or other authorisation in respect of relevant offshore wind activity, is affirmed on review, notwithstanding such an assessment,

the Scottish Ministers must secure that compensatory measures are taken that benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, on the integrity of the European site or European offshore marine site.

(2)

The Scottish Ministers must issue guidance about the exercise of the function under paragraph (1).

(3)

Guidance issued under paragraph (2) must in particular set out how decisions are to be made under paragraph (1) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, on the integrity of the European site or European offshore marine site.

(4)

The Scottish Ministers must exercise the function in paragraph (1) in accordance with the compensation hierarchy.

(5)

Where the Scottish Ministers propose to revise the compensation hierarchy the Scottish Ministers must consult with the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on the proposed revision.

(6)

The compensation hierarchy must be laid before the Scottish Parliament as soon as reasonably practicable after—

(a)

it is first published by the Scottish Ministers, and

(b)

each time the Scottish Ministers publish a revised version.

(7)

The Scottish Ministers must have regard to the guidance issued under paragraph (2) when exercising the function under paragraph (1).

(8)

Where the Scottish Ministers propose to revise any guidance issued under paragraph (2) the Scottish Ministers must consult with the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on the proposed revision.

(9)

The Scottish Ministers must—

(a)

from time to time carry out a review of—

(i)

the exercise of the function under paragraph (1), and

(ii)

any guidance issued under paragraph (2), and

(b)

as soon as reasonably practicable after carrying out a review prepare and publish a report of the review’s findings.

(10)

When carrying out a review under paragraph (9)(a) the Scottish Ministers must consider in particular—

(a)

the impacts on the environment, and

(b)

the impacts on relevant offshore wind activity.

(11)

The first report under paragraph (9)(b) must be published before 30th April 2031 and subsequent reports must be published at intervals not exceeding 5 years beginning with the date on which the previous report was published.

(12)

The Scottish Ministers must issue guidance about the review to be carried out under paragraph (9)(a).

(13)

In this regulation and in regulation 53(2) “relevant offshore wind activity” has the meaning given by section 290 of the Energy Act 2023.

(14)

In this regulation—

“compensation hierarchy” means a hierarchy published by the Scottish Ministers, and revised from time to time setting out—

(a)

categories of compensatory measures by reference to the manner in which they would benefit the UK MPA network,

(b)

the order of priority in which compensatory measures falling within those categories are generally to be selected, which must, subject to the circumstances set out in accordance with paragraph (c), prioritise the selection of measures which benefit the features of the European site or the European offshore marine site which are, or which may be, adversely affected by the relevant offshore wind activity, and

(c)

circumstances in which it may be appropriate to select a compensatory measure otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which that measure offers a greater ecological benefit to the UK MPA network than a measure which is higher in that order of priority,

“protected site” means—

(a)

a site within the UK site network, all or part of which is in the UK marine area,

(b)

an area designated under section 116 of the Marine and Coastal Access Act 20093 or section 13 of the Marine Act (Northern Ireland) 20134 or section 67(1)(a) of the Marine (Scotland) Act 20105,

(c)

a Ramsar site, all of part of which is in the UK marine area, or

(d)

an area notified as a site of special scientific interest under section 3(1) of the Nature Conservation (Scotland) Act 20046 or section 28(1) of the Wildlife and Countryside Act 19817, all or part of which is in the UK marine area,

“Ramsar site” means wetlands designated under the Ramsar Convention8 as being of international importance, as described in section 38 of the Nature Conservation (Scotland) Act 2004 or section 37A of the Wildlife and Countryside Act 19819,

“UK marine area” has the meaning given by section 42 of the Marine and Coastal Access Act 2009,

“UK MPA network” means the network of protected sites.”.

“(3ZA)

The duties in paragraphs (1) and (3) do not apply to functions under regulation 68A (compensatory measures for relevant offshore wind activity in the Scottish inshore region).”.

“Compensatory measures for relevant offshore wind activity in the Scottish inshore region68A.

(1)

Where in accordance with regulation 64 (considerations of overriding public interest)—

(a)

a plan or project is agreed to, in respect of relevant offshore wind activity in the Scottish inshore region, notwithstanding a negative assessment of the implications for a European site or a European offshore marine site, or

(b)

a decision, or a consent, permission or other authorisation in respect of relevant offshore wind activity in the Scottish inshore region, is affirmed on review, notwithstanding such an assessment,

the Scottish Ministers must secure that compensatory measures are taken that benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, on the integrity of the European site or European offshore marine site.

(2)

The Scottish Ministers must issue guidance about the exercise of the function under paragraph (1).

(3)

Guidance issued under paragraph (2) must in particular set out how decisions are to be made under paragraph (1) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, on the integrity of the European site or European offshore marine site.

(4)

The Scottish Ministers must exercise the function under paragraph (1) in accordance with the compensation hierarchy.

(5)

Where the Scottish Ministers propose to revise the compensation hierarchy the Scottish Ministers must consult with the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on the proposed revision.

(6)

The compensation hierarchy must be laid before the Scottish Parliament as soon as reasonably practicable after—

(a)

it is first published by the Scottish Ministers, and

(b)

each time the Scottish Ministers publish a revised version.

(7)

The Scottish Ministers must have regard to guidance issued under paragraph (2) when exercising the function under paragraph (1).

(8)

Where the Scottish Ministers propose to revise any guidance issued under paragraph (2) the Scottish Ministers must consult with the Secretary of State, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on the proposed revision.

(9)

The Scottish Ministers must—

(a)

from time to time carry out a review of—

(i)

the exercise of the function under paragraph (1), and

(ii)

any guidance issued under paragraph (2), and

(b)

as soon as reasonably practicable after carrying out a review prepare and publish a report of the review’s findings.

(10)

When carrying out a review under paragraph (9)(a) the Scottish Ministers must consider in particular—

(a)

the impacts on the environment, and

(b)

the impacts on relevant offshore wind activity.

(11)

The first report under paragraph (9)(b) must be published before 30th April 2031 and subsequent reports must be published at intervals not exceeding 5 years beginning with the date on which the previous report was published.

(12)

The Scottish Ministers must issue guidance about the review to be carried out under paragraph (9)(a).

(13)

In this regulation “relevant offshore wind activity” has the meaning given by section 290 of the Energy Act 2023.

(14)

Where this regulation applies, regulation 68 (compensatory measures) does not apply.

(15)

In this regulation—

“compensation hierarchy” means a hierarchy published by the Scottish Ministers, and revised from time to time setting out—

(a)

categories of compensatory measures by reference to the manner in which they would benefit the UK MPA network,

(b)

the order of priority in which compensatory measures falling within those categories are generally to be selected, which must, subject to the circumstances set out in accordance with paragraph (c), prioritise the selection of measures which benefit the features of the European site or European offshore marine site which are, or which may be, adversely affected by the relevant offshore wind activity, and

(c)

circumstances in which it may be appropriate to select a compensatory measure otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which that measure offers a greater ecological benefit to the UK MPA network than a measure which is higher in that order of priority,

“protected site” means—

(a)

a site within the national site network, all or part of which is in the UK marine area,

(b)

an area designated under section 116 of the Marine and Coastal Access Act 2009 or section 13 of the Marine Act (Northern Ireland) 2014 or section 67(1)(a) of the Marine (Scotland) Act 2010,

(c)

a Ramsar site, all of part of which is in the UK marine area, or

(d)

an area notified as a site of special scientific interest under section 3(1) of the Nature Conservation (Scotland) Act 2004 or section 28(1) of the Wildlife and Countryside Act 1981, all or part of which is in the UK marine area,

“Ramsar site” means wetlands designated under the Ramsar Convention as being of international importance, as described in section 38 of the Nature Conservation (Scotland) Act 2004 and section 37A of the Wildlife and Countryside Act 1981,

“UK marine area” has the meaning given by section 42 of the Marine and Coastal Access Act 2009,

“UK MPA network” means the network of protected sites.”.