The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026
These Regulations, made under the Energy Act 2023, amend the 2017 Conservation of Habitats and Species Regulations and the Conservation of Offshore Marine Habitats and Species Regulations to introduce a specific framework for securing compensatory measures related to 'relevant offshore wind plans or projects' approved despite negative environmental impact assessments.
The amendments effectively disapply existing general duties regarding site coherence and introduce a new mechanism requiring compensatory measures to benefit the UK MPA network proportionately, selected according to a published compensation hierarchy, with specific approval and review responsibilities assigned to the Secretary of State, Welsh Ministers, and Scottish Ministers across England, Wales, Scotland, and Northern Ireland.
Arguments For
Streamlining compensatory measures for offshore wind projects by creating a bespoke framework under the Energy Act 2023, potentially offering clearer pathways for necessary infrastructure development.
Ensuring compensatory measures are 'appropriate' for preserving the UK's Marine Protected Area (MPA) network, balanced against project impacts, through the introduction of a mandated 'compensation hierarchy'.
Providing clarity on which authorities (Secretary of State, Welsh Ministers, Scottish Ministers) are responsible for approving wider compensatory measures and publishing guidance specific to relevant offshore wind plans or projects.
Arguments Against
Creating new exceptions to existing duties under the Conservation of Habitats and Species Regulations 2017, potentially weakening established protections for European sites, European offshore marine sites, and Ramsar sites concerning overall network coherence.
The introduction of new processes requiring the publication and review of guidance and hierarchies by different devolved administrations (Secretary of State, Welsh Ministers, Scottish Ministers) could lead to regulatory complexity or divergence across UK waters.
Shifting the focus of compensatory measures to benefit the broader UK MPA network, rather than strictly repairing damage to the specific features of the impacted site, might lead to less direct environmental remediation at the harm site.
STATUTORY INSTRUMENTS
2026 No. 508
ENERGY MARINE ENVIRONMENT
The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026
Made - - - -
8th May 2026
Coming into force - -
21st May 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 293(1)(b), (2), (4)(h) and (i), (5)(a), (7) and (10) to (13) and 331(2) of the Energy Act 2023( 1 ).
In accordance with sections 294(2) and 331(3) of that Act, a draft of these Regulations was laid before and approved by a resolution of each House of Parliament.
Before making these Regulations, the Secretary of State has consulted the persons listed in section 294(1) of that Act.
This opening section establishes the legal identity and authority for the regulations, identifying them as Statutory Instrument 2026 No. 508 concerning Energy and Marine Environment matters.
The Secretary of State enacted these rules using powers granted by the Energy Act 2023, specifically sections related to environmental compensation for offshore wind activities.
Parliament approved a draft before the final regulations were made on May 8th, 2026, with an effective date of May 21st, 2026, following required consultation.
Part 1
Introductory
Citation, commencement and extent
- -(1) These Regulations may be cited as the Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026 and come into force on 21st May 2026.
- (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Part 1 provides the introductory elements.
Regulation 1 confirms the official citation, confirms the commencement date of May 21st, 2026, and specifies that the amendments apply across the entire United Kingdom: England, Wales, Scotland, and Northern Ireland.
Part 2
Amendment of the Conservation of Habitats and Species Regulations 2017
Amendment of the Conservation of Habitats and Species Regulations 2017
- The Conservation of Habitats and Species Regulations 2017( 2 ) are amended in accordance with this Part.
Part 2 details the changes made to the Conservation of Habitats and Species Regulations 2017.
Regulation 2 states that the remainder of this Part specifies the exact text modifications to those 2017 Regulations.
Amendment to regulation 3 (interpretation)
- In regulation 3(1), in the definition of 'appropriate authority', before '69(1)(b)' insert '68ZA(14),'.
Regulation 3 updates the definitions within the 2017 Regulations.
It inserts a reference to the newly inserted regulation 68ZA(14) into the definition of 'appropriate authority,' ensuring this new section is captured when identifying the responsible body.
Amendment to regulation 9 (duties relating to compliance with the Directives)
- Before regulation 9(3A) insert-
- '(3ZB) The duties in paragraphs (1) and (3) do not apply to functions under regulation 68ZA (compensatory measures: relevant offshore wind plans or projects).'.
Regulation 4 modifies regulation 9 concerning general duties to comply with habitat and bird protection Directives.
It inserts a new provision, (3ZB), stating that the general duties in paragraphs (1) and (3) are specifically exempted when authorities are carrying out their functions under the new regulation 68ZA regarding compensatory measures for qualifying offshore wind plans or projects.
Amendment to regulation 61 (interpretation of Part 6)
- In regulation 61(1), at the appropriate place insert-
''relevant offshore wind plan or project' means a relevant offshore wind activity( 3 ) in relation to which the Secretary of State is the appropriate authority for the purposes of making regulations under section 293(1)(b) of the Energy Act 2023( 4 );'.
Regulation 5 introduces a definition for 'relevant offshore wind plan or project' within Part 6 of the 2017 Regulations.
This new term identifies a specific offshore wind activity where the Secretary of State holds the authority to make regulations under the specified section of the Energy Act 2023.
Amendment to regulation 68 (compensatory measures)
- At the end of regulation 68 insert-
- '(3) This regulation does not apply in respect of a relevant offshore wind plan or project.'.
Regulation 6 amends the existing regulation 68 concerning compensatory measures.
It inserts a subsection (3) explicitly stating that the existing provisions of regulation 68 are not applicable when dealing with a 'relevant offshore wind plan or project,' effectively replacing them with the new provisions introduced later.
Insertion of regulation 68ZA (compensatory measures: relevant offshore wind plans or projects)
- After regulation 68 insert-
' Compensatory measures: relevant offshore wind plans or projects
68ZA. -(1) Paragraph (2) applies where-
- (a) in accordance with regulation 64-
- (i) a relevant offshore wind plan or project is agreed to, notwithstanding a negative assessment of the implications for a European site or a European offshore marine site, or
( 3 ) See section 290 of the Energy Act 2023 for the meaning of 'relevant offshore wind activity'.
( 4 ) See section 293(2), (3) and (13) of the Energy Act 2023 as to the relevant offshore wind activities in relation to which the Secretary of State is the appropriate authority for regulation-making purposes, which are those relevant offshore wind activities in relation to which the Scottish Ministers, the Welsh Ministers or DAERA are not the appropriate authority.
- (ii) a decision, or a consent, permission or other authorisation, which relates to a relevant offshore wind plan or project, is affirmed on review, notwithstanding such an assessment, or
- (b) in accordance with regulation 64-
- (i) a relevant offshore wind plan or project in England is agreed to, notwithstanding a negative assessment of the implications for a Ramsar site, or
- (ii) a decision, or a consent, permission or other authorisation, is affirmed on review, notwithstanding such an assessment.
(2) Where this paragraph applies, the appropriate authority (within the meaning of regulation 3(1)) must secure that appropriate compensatory measures are taken.
(3) Compensatory measures are appropriate if they comply with paragraphs (4) to (6).
(4) Compensatory measures must benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site.
(5) Compensatory measures must be selected in accordance with the compensation hierarchy.
(6) Wider compensatory measures must be approved-
- (a) by the Secretary of State, or
- (b) by the Welsh Ministers, to the extent that the wider compensatory measures may be secured by the Welsh Ministers, or by a person exercising functions of the Welsh Ministers, in the exercise under paragraph (2) of their function as an appropriate authority (within the meaning of regulation 3(1)).
(7) The Secretary of State must publish-
- (a) guidance about the exercise of the function under paragraph (2), and
- (b) the compensation hierarchy.
(8) Guidance published under paragraph (7)(a) must, in particular, set out how decisions are to be made under paragraph (4) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site.
(9) The appropriate authority (within the meaning of regulation 3(1)) must have regard to guidance published by the Secretary of State under paragraph (7)(a) when exercising the function under paragraph (2).
(10) The Secretary of State must consult the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on-
- (a) any proposed revisions to guidance published under paragraph (7)(a), and
- (b) any proposed revisions to the compensation hierarchy.
(11) The Welsh Ministers may decide to exercise the functions under paragraph (7) of publishing guidance and the compensation hierarchy in respect of the exercise under paragraph (2) of their function as an appropriate authority (within the meaning of regulation 3(1)).
(12) Where the Welsh Ministers decide to exercise the functions under paragraph (7) as described in paragraph (11), this regulation, in its application to the exercise by the Welsh Ministers of those functions, is to be read with the following modifications-
- (a) the references to the Secretary of State in paragraphs (7), (9) and (10), and in the definition of 'compensation hierarchy' in paragraph (13), are to be read as references to the Welsh Ministers;
- (b) the references to a Ramsar site in paragraph (8) and in paragraph (b) of the definition of 'compensation hierarchy' are to be read as omitted;
- (c) the reference to the Welsh Ministers in paragraph (10) is to be read as a reference to the Secretary of State.
(13) In this regulation- 'compensation hierarchy' means the hierarchy published by the Secretary of State under paragraph (7)(b), 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, European offshore marine site or Ramsar site which are, or which may be, adversely affected by the relevant offshore wind plan or project, and
- (c) circumstances in which it may be appropriate to select compensatory measures otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which those measures offer a greater ecological benefit to the UK MPA network than measures which are 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) a protected marine area( 5 );
- (c) a Ramsar site, all or part of which is in the UK marine area; or
- (d) an area notified as a site of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981( 6 ) or section 3(1) of the Nature Conservation (Scotland) Act 2004( 7 ), all or part of which is in the UK marine area;
'UK marine area' has the same meaning as in section 42 of the Marine and Coastal Access Act 2009;
'UK MPA network' means the network of protected sites;
'wider compensatory measures' means compensatory measures which benefit the UK MPA network otherwise than by benefitting the features of the European site, European offshore marine site or Ramsar site which are, or which may be, adversely affected by the relevant offshore wind plan or project.
(14) Where this regulation applies in relation to a provision specified in regulation 69(2) or (4) (modifications of regulations 63 to 68 in certain cases), the references in paragraphs (2) and (9) to the appropriate authority (within the meaning of regulation 3(1)) are to be read as references to the Secretary of State.'.
Regulation 7 inserts the substantive new measure, regulation 68ZA, to handle compensation for relevant offshore wind plans or projects that proceed despite a negative assessment concerning European sites or Ramsar sites.
The 'appropriate authority' must secure 'appropriate compensatory measures' (paragraph 2).
These measures must benefit the UK MPA network proportionately to the adverse effects (paragraph 4) and be selected using a published 'compensation hierarchy' (paragraph 5).
The Secretary of State publishes the hierarchy and guidance, but Welsh Ministers can take over these functions for relevant cases (paragraphs 7, 11, 12).
The definitions clarify concepts like 'wider compensatory measures' and the scope of protected sites.
Amendment to regulation 110 (national policy statements)
- -(1) Regulation 110 is amended as follows.
- (2) Omit the 'and' after paragraph (3)(a).
- (3) After paragraph (3)(b) insert ' ; and-
- (c) where by virtue of paragraph (1) regulation 109 applies in relation to a national policy statement which consists of or includes a relevant offshore wind plan or project-
- (i) regulation 109 does not apply in relation to the national policy statement to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the national policy statement,
- (ii) the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and
- (iii) compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA (compensatory measures: relevant offshore wind plans or projects).'.
Regulation 8 modifies how National Policy Statements (NPS) are treated if they include a relevant offshore wind plan.
It ensures that the standard procedure (regulation 109) does not apply to the extent that a negative assessment is caused by the wind project.
Instead, the Secretary of State must secure 'appropriate compensatory measures,' defined by reference to the new regulation 68ZA standards.
Amendment to regulation 112 (marine policy statement)
- -(1) Regulation 112 is amended as follows.
- (2) Omit the 'and' after paragraph (3)(b).
- (3) After paragraph (3)(c) insert ' ; and
- (d) where by virtue of paragraph (1) regulation 109 applies in relation to a marine policy statement which includes a relevant offshore wind plan or project-
- (i) regulation 109 does not apply in relation to the marine policy statement to the extent that the negative assessment of the implications for a European site, European offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the marine policy statement,
- (ii) the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and
- (iii) compensatory measures are appropriate for the purposes of paragraph (ii) they would be appropriate compensatory measures for the purposes of regulation 68ZA.'.
Regulation 9 makes an analogous amendment to regulation 112 concerning Marine Policy Statements (MPS).
If an MPS covers a relevant offshore wind plan, the regular application of regulation 109 regarding negative assessments is disapplied.
The Secretary of State is instead required to ensure appropriate compensatory measures, defined using the standards set in regulation 68ZA, are implemented for any resulting adverse effects.
Amendment to regulation 113 (marine plan)
- For regulation 113(3) substitute-
'(3) Where Chapter 8 applies by virtue of paragraph (1)-
- (a) regulations 105(5), 107(3) to (6) and 108 do not apply;
- (b) where by virtue of paragraph (1) regulation 109 applies in relation to a marine plan which includes a relevant offshore wind plan or project-
- (i) regulation 109 does not apply in relation to the marine plan to the extent that the negative assessment of the implications for a European site,
offshore marine site or Ramsar site results from the relevant offshore wind plan or project which forms part of the marine plan,
- (ii) the Secretary of State must secure that appropriate compensatory measures are taken in respect of the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European site, European offshore marine site or Ramsar site, and
- (iii) compensatory measures are appropriate for the purposes of paragraph (ii) if they would be appropriate compensatory measures for the purposes of regulation 68ZA.'.
Regulation 10 replaces regulation 113(3) relating to marine plans.
If Chapter 8 applies due to a relevant offshore wind plan, certain standard regulations (105, 107, 108) do not apply.
Furthermore, if regulation 109 concerns a marine plan containing the wind project, those notification requirements are suspended, and the Secretary of State must instead secure appropriate compensatory measures following the new 68ZA standards.
Amendment to regulation 142 (review: England)
- At the end of regulation 142 insert-
'(7) The duty in paragraph (1) does not apply to regulation 68ZA (compensatory measures: relevant offshore wind plans or projects).'.
Regulation 11 modifies regulation 142, which relates to the review process for certain provisions in England.
It explicitly excludes the new regulation 68ZA from the review duty specified in regulation 142(1).
Part 3
Amendment of the Conservation of Offshore Marine Habitats and Species Regulations 2017
Amendment of the Conservation of Offshore Marine Habitats and Species Regulations 2017
- The Conservation of Offshore Marine Habitats and Species Regulations 2017( 8 ) are amended in accordance with this Part.
Part 3 enacts parallel changes to the Conservation of Offshore Marine Habitats and Species Regulations 2017.
Regulation 12 signals that the following sections introduce amendments specific to these offshore regulations.
Amendment to regulation 2 (interpretation)
- In regulation 2(1), at the appropriate place insert-
''relevant offshore wind plan or project' means a relevant offshore wind activity in relation to which the Secretary of State is the appropriate authority for the purposes of making regulations under section 293(1)(b) of the Energy Act 2023;'.
Regulation 13 updates interpretation in the offshore regulations by defining 'relevant offshore wind plan or project.' This definition mirrors the one used in Part 2, linking the term to specific offshore wind activities where the Secretary of State holds the necessary regulation-making authority under the Energy Act 2023.
Amendment to regulation 6 (duty of competent authorities)
- After regulation 6(2) insert-
'(2A) The duty in paragraph (1) does not apply to functions under regulation 36A (compensatory measures: relevant offshore wind plans or projects).'.
Regulation 14 amends regulation 6, which covers the general duties of competent authorities regarding compliance with Directives.
It introduces paragraph (2A) to exempt functions related to securing compensatory measures under the new regulation 36A from the core duties laid out in paragraph (1).
Amendment to regulation 36 (compensatory measures)
- After regulation 36(2) insert-
'(2A) This regulation does not apply in respect of a relevant offshore wind plan or project.'.
Similar to regulation 6 in Part 2, regulation 15 amends the existing compensatory measures rule, regulation 36, in the offshore context.
It adds subsection (2A) to explicitly state that regulation 36 itself holds no jurisdiction over activities defined as a 'relevant offshore wind plan or project'.
Insertion of regulation 36A (compensatory measures: relevant offshore wind plans or projects)
- After regulation 36 insert-
' Compensatory measures: relevant offshore wind plans or projects
36A. -(1) Paragraph (2) applies where, notwithstanding a negative assessment of the implications for a European offshore marine site or a European site-
- (a) a relevant offshore wind plan or project is agreed to in accordance with regulation 29, or
- (b) a decision, or a consent, permission or other authorisation, which relates to a relevant offshore wind plan or project, is affirmed on review in accordance with regulations 29 and 34(3).
(2) Where this paragraph applies, the appropriate authority (within the meaning of regulation 36(3)) must secure that appropriate compensatory measures are taken.
(3) Compensatory measures are appropriate if they comply with paragraphs (4) to (6).
(4) Compensatory measures must benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European offshore marine site or European site.
(5) Compensatory measures must be selected in accordance with the compensation hierarchy.
(6) Wider compensatory measures must be approved-
- (a) if the measures are in respect of a relevant offshore wind plan or project in relation to which the competent authority is a Welsh public authority( 9 ), by the Welsh Ministers;
- (b) if the measures are in respect of a relevant offshore wind plan or project in relation to which the competent authority is a Scottish public authority( 10 ), by the Scottish Ministers;
- (c) in any other case, by the Secretary of State.
(7) The relevant authority must publish-
- (a) guidance about the exercise of the function under paragraph (2), and
- (b) the compensation hierarchy.
(8) Guidance published under paragraph (7)(a) must, in particular, set out how decisions are to be made under paragraph (4) on whether compensatory measures benefit the UK MPA network in a manner which is reasonably proportionate to the adverse effects, or predicted adverse effects, of the relevant offshore wind plan or project on the integrity of the European offshore marine site or European site.
(9) The appropriate authority (within the meaning of regulation 36(3)) must have regard to guidance published under paragraph (7)(a) by the relevant authority when exercising the function under paragraph (2).
(10) A relevant authority must consult each of the other consultees on-
- (a) any proposed revisions to guidance published by that authority under paragraph (7)(a), and
- (b) any proposed revisions to the compensation hierarchy published by that authority.
(11) In this regulation- 'compensation hierarchy' means the hierarchy published by the relevant authority under paragraph (7)(b), setting out-
( 9 ) See section 295(3)(b) of the Energy Act 2023 for the meaning of 'Welsh public authority'.
( 10 ) See section 295(3)(a) of the Energy Act 2023 for the meaning of 'Scottish public authority'.
- (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 offshore marine site or European site which are, or which may be, adversely affected by the relevant offshore wind plan or project, and
- (c) circumstances in which it may be appropriate to select compensatory measures otherwise than in accordance with the order of priority referred to in paragraph (b), which may include circumstances in which those measures offer a greater ecological benefit to the UK MPA network than measures which are higher in that order of priority;
'consultees' means the Secretary of State, the Welsh Ministers, the Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;
'protected site' means-
- (a) a site within the national site network, all or part of which is in the UK marine area;
- (b) a protected marine area;
- (c) a Ramsar site, all or part of which is in the UK marine area; or
- (d) an area notified as a site of special scientific interest under section 28(1) of the Wildlife and Countryside Act 1981 or section 3(1) of the Nature Conservation (Scotland) Act 2004, all or part of which is in the UK marine area;
'Ramsar Convention' has the same meaning as in section 37A of the Wildlife and Countryside Act 1981( 11 );
'Ramsar site' means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;
'the relevant authority'-
- (a) in relation to a relevant offshore wind plan or project in respect of which the Secretary of State is the appropriate authority (within the meaning of regulation 36(3)), is the Secretary of State;
- (b) in relation to a relevant offshore wind plan or project in respect of which the Welsh Ministers are the appropriate authority (within the meaning of regulation 36(3)), is the Welsh Ministers, subject to paragraph (12);
- (c) in relation to a relevant offshore wind plan or project in respect of which the Scottish Ministers are the appropriate authority (within the meaning of regulation 36(3)), is the Scottish Ministers;
'UK marine area' has the same meaning as in section 42 of the Marine and Coastal Access Act 2009;
'UK MPA network' means the network of protected sites;
'wider compensatory measures' means compensatory measures which benefit the UK MPA network otherwise than by benefitting the features of the European offshore marine site or European site which are, or which may be, adversely affected by the relevant offshore wind plan or project.
(12) The Welsh Ministers may decide not to exercise the functions of publishing guidance and the compensation hierarchy under paragraph (7), in which case the relevant authority in relation to a relevant offshore wind plan or project in respect of which the Welsh Ministers are the appropriate authority (within the meaning of regulation 36(3)) is the Secretary of State.'.
Regulation 16 inserts the equivalent compensatory measures structure, regulation 36A, for the offshore environment.
When a project proceeds despite issues concerning European offshore marine sites or European sites, the appropriate authority must secure appropriate compensatory measures.
These measures must benefit the UK MPA network proportionately (paragraph 4) and adhere to a compensation hierarchy (paragraph 5).
Approval for 'wider' measures depends on the authority: Welsh Ministers for Welsh public authorities, Scottish Ministers for Scottish public authorities, and the Secretary of State otherwise (paragraph 6).
The relevant authority must publish guidance and the hierarchy, and consult across the UK (paragraph 7, 10).
Amendment to regulation 37 (notification of compensatory measures)
- In regulation 37(1), after 'regulation 36(2)' insert 'or 36A(2)'.
Regulation 17 updates regulation 37, which deals with notifying the regulator about compensatory measures.
It ensures that notification is required not only under the existing regulation 36(2) but also under the newly inserted regulation 36A(2).
Amendment to regulation 82 (review)
- At the end of regulation 82 insert-
'(6) The duty in paragraph (1) does not apply to regulation 36A (compensatory measures: relevant offshore wind plans or projects).'.
Regulation 18 modifies regulation 82 concerning review duties in the context of offshore activities.
It explicitly exempts the new regulation 36A concerning compensatory measures for offshore wind from the standard review duty imposed by paragraph (1).
Part 4
Review
Review: Secretary of State
- -(1) The Secretary of State must-
- (a) from time to time carry out a review of-
- (i) the regulatory provision contained in these Regulations, and
- (ii) guidance published by the Secretary of State in connection with such regulatory provision, and
- (b) publish a report setting out the conclusions of the review. (2) The first report must be published before 30th April 2031. (3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) When carrying out a review under paragraph (1), the Secretary of State must consider in particular-
- (a) the impact of the regulatory provision contained in these Regulations on the environment, and on the relevant offshore wind activity to which that regulatory provision applies, and
- (b) the impact of the guidance referred to in paragraph (1)(a)(ii) on the environment and on the relevant offshore wind activity to which the guidance applies.
(5) The Secretary of State must publish guidance about the review to be carried out under paragraph (1).
(6) The guidance published under paragraph (5) must, in particular, set out the objectives intended to be achieved by the regulatory provision contained in these Regulations.
(7) Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 12 ) requires that a report published under this regulation in respect of the regulatory provision contained in these Regulations must, in particular-
- (a) set out the objectives intended to be achieved by the regulatory provision contained in these Regulations,
- (b) assess the extent to which those objectives are achieved,
- (c) assess whether those objectives remain appropriate, and
- (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(8) In this regulation, 'regulatory provision' has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Part 4 establishes mandatory review procedures.
Regulation 19 imposes a duty on the Secretary of State to periodically review the regulations and associated guidance (first review before April 30, 2031, then every five years).
Reviews must assess the impact on the environment and on relevant offshore wind activities.
Furthermore, the review must follow criteria from the Small Business, Enterprise and Employment Act 2015, assessing if the objectives are met and if the regulation remains the least burdensome method to achieve them.
Review: Scottish Ministers
- -(1) The Scottish Ministers must-
- (a) from time to time carry out a review of the guidance and compensation hierarchy published by the Scottish Ministers under regulation 36A(7) of the Conservation of Offshore Marine Habitats and Species Regulations 2017, and
- (b) publish a report setting out the conclusions of the review.
- (2) The first report must be published before 30th April 2031.
- (3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) When carrying out a review under paragraph (1), the Scottish Ministers must consider in particular the impact of the guidance and the compensation hierarchy on the environment, and on the relevant offshore wind activity to which that guidance and hierarchy apply.
(5) The Scottish Ministers must publish guidance about the review to be carried out under paragraph (1).
Regulation 20 mandates that the Scottish Ministers must periodically review the guidance and compensation hierarchy they publish under the new regulation 36A of the offshore rules.
The first report is due before April 30, 2031, with subsequent reviews every five years.
The review must focus on the environmental and activity impacts of the guidance and hierarchy.
Review: Welsh Ministers
- -(1) This regulation applies where the Welsh Ministers publish guidance and a compensation hierarchy under paragraph (7) of regulation 68ZA of the Conservation of Habitats and Species Regulations 2017, read with paragraph (11) of that regulation, or under regulation 36A(7) of the Conservation of Offshore Marine Habitats and Species Regulations 2017.
(2) Where this regulation applies, the Welsh Ministers must-
- (a) from time to time carry out a review of that guidance and compensation hierarchy, and
- (b) publish a report setting out the conclusions of the review.
(3) The first report must be published before the end of the period of 5 years beginning with the date on which the guidance and compensation hierarchy are first published.
(4) Subsequent reports must be published at intervals not exceeding 5 years.
(5) When carrying out a review under paragraph (2), the Welsh Ministers must consider in particular the impact of the guidance and the compensation hierarchy on the environment, and on the relevant offshore wind activity to which that guidance and hierarchy apply.
(6) The Welsh Ministers must publish guidance about any review which is to be carried out under paragraph (2).
Regulation 21 directs the Welsh Ministers to review any guidance and compensation hierarchy they take responsibility for publishing under either regulation 68ZA (inshore) or 36A (offshore).
The first review must occur within five years of the initial publication date, and subsequent reviews must follow every five years.
The assessment must focus on the impact on the environment and relevant offshore wind activities.
8th May 2026
Emma Hardy Parliamentary Under-Secretary of State Department for Environment, Food and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made under section 293 of the Energy Act 2023 (c. 52) which enables regulations to make provision about the taking or securing of measures in compensation for adverse environmental effects of offshore wind activities ('compensatory measures'). Such measures must be secured where offshore wind activity is agreed to, notwithstanding a negative assessment of the implications for certain marine sites, in accordance with regulation 68 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) ('Inshore Regulations') and regulation 36 of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013) ('Offshore Regulations').
These Regulations are made by the Secretary of State in relation to compensatory measures for offshore wind activities (as defined in section 290 of the Energy Act 2023) in relation to which the Secretary of State is the 'appropriate authority' within the meaning of section 293(2) of that Act. These are, broadly, offshore wind activities taking place in the UK offshore waters, the English inshore region and certain activities in the Welsh and Northern Ireland inshore regions (referred to in the Regulations as 'relevant offshore wind plans or projects').
These Regulations modify certain provisions of the Inshore and Offshore Regulations, by amending the text of those Regulations. The principal effect of the amendments is that-
the duties in regulation 9(1) and (3) of the Inshore Regulations, and regulation 6(1) of the Offshore Regulations, to exercise functions so as to secure compliance with, or to have regard to the requirements of, Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora, and with Directive 2009/147/EC on the conservation of wild birds, do not apply to the function of securing that compensatory measures are taken in respect of relevant offshore wind plans or projects (regulations 4 and 14);
the duties on the appropriate authority in regulation 68(1) of the Inshore Regulations and regulation 36 of the Offshore Regulations to secure that compensatory measures are taken to ensure the protection of the overall coherence of the national site network are disapplied in relation to relevant offshore wind plans or projects. The duty in regulation 68(2) of the Inshore Regulations in relation to Ramsar sites is similarly disapplied. These duties are replaced by a duty (in new regulation 68ZA of the Inshore Regulations and new regulation 36A of the Offshore Regulations) to secure that 'appropriate' compensatory measures are taken. Appropriate compensatory measures are those which benefit the UK network of marine protected areas in a manner which is reasonably proportionate to the damage that the relevant offshore wind plan or project would cause (regulations 5 to 7 and 13, 15 and 16);
appropriate compensatory measures must be selected in accordance with a compensation hierarchy published by the Secretary of State, the Welsh Ministers or, in relation to the Offshore Regulations, the Scottish Ministers (new regulation 68ZA(7) and (11) of the Inshore Regulations and new regulation 36A(7) of the Offshore Regulations confer duties and powers in this regard);
if the measures are 'wider compensatory measures' (measures which benefit the UK network of marine protected areas otherwise than by benefitting the features of site which are, or which may be, adversely affected by the relevant offshore wind plan or project), they must be approved by the Secretary of State, the Scottish Ministers or the Welsh Ministers, as appropriate;
the person publishing the compensation hierarchy must also publish guidance about the exercise of the function of securing that appropriate compensatory measures are taken, and the person exercising that function must have regard to it when doing so.
Part 4 imposes obligations on the Secretary of State in relation to reviewing the Regulations, and on the Secretary of State, the Scottish Ministers and the Welsh Ministers in relation to reviewing the guidance and compensation hierarchy.
A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1P 4DF, and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.
The Explanatory Note confirms that the Regulations operationalize Section 293 of the Energy Act 2023 regarding compensation for adverse environmental effects from offshore wind activities falling under the jurisdiction of the Secretary of State.
The primary effect is replacing old coherence duties (in Reg 68/36) for these specific projects with a new duty requiring 'appropriate compensatory measures' benefitng the UK MPA network proportionally, guided by a hierarchy.
It also details the devolved responsibilities for publishing guidance and hierarchies, and notes that Part 4 enforces review mechanisms.
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