See Full Document Text
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
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.
Part 1
Introductory
Citation, commencement and extent
1.—(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.
(1) 2023 c. 52.Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Part 2
Amendment of the Conservation of Habitats and Species Regulations 2017
Amendment of the Conservation of Habitats and Species Regulations 2017
2. The Conservation of Habitats and Species Regulations 2017(2) are amended in accordance
with this Part.
Amendment to regulation 3 (interpretation)
3. In regulation 3(1), in the definition of “appropriate authority”, before “69(1)(b)” insert
“68ZA(14),”.
Amendment to regulation 9 (duties relating to compliance with the Directives)
4. 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).”.
Amendment to regulation 61 (interpretation of Part 6)
5. 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);”.
Amendment to regulation 68 (compensatory measures)
6. At the end of regulation 68 insert—
“(3) This regulation does not apply in respect of a relevant offshore wind plan or
project.”.
Insertion of regulation 68ZA (compensatory measures: relevant offshore wind plans or
projects)
7. 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
(2) S.I. 2017/1012. Relevant amendments were made by S.I. 2019/579, S.I. 2025/1192, by section 169 of, and paragraph 15 of
Schedule 15 to, the Levelling-up and Regeneration Act 2023 (c. 55) and by section 96 of, and paragraphs 2, 10, 38 and 48
of Schedule 5 to, the Planning and Infrastructure Act 2025 (c. 34).
(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.
2Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(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—
3Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(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.”.
(5) See sections 291(6) and 295(1) of the Energy Act 2023 for the meaning of “protected marine area”.
(6) 1981 c. 69. Section 28 was substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of
Way Act 2000 (c. 37). Section 28(1) was amended by section 105(1) of, and paragraph 79 of Schedule 11 to, the Natural
Environment and Rural Communities Act 2006 (c. 16) and sections 148 and 324(2)(b)(ii) of, and paragraph 2(2) of Schedule 13
to, the Marine and Coastal Access Act 2009 (c. 23).
(7) 2004 asp 6.
4Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Amendment to regulation 110 (national policy statements)
8.—(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).”.
Amendment to regulation 112 (marine policy statement)
9.—(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.”.
Amendment to regulation 113 (marine plan)
10. 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, European
5Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
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.”.
Amendment to regulation 142 (review: England)
11. 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).”.
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
12. The Conservation of Offshore Marine Habitats and Species Regulations 2017(8) are amended
in accordance with this Part.
Amendment to regulation 2 (interpretation)
13. 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;”.
Amendment to regulation 6 (duty of competent authorities)
14. 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).”.
Amendment to regulation 36 (compensatory measures)
15. After regulation 36(2) insert—
“(2A) This regulation does not apply in respect of a relevant offshore wind plan or
project.”.
Insertion of regulation 36A (compensatory measures: relevant offshore wind plans or
projects)
16. After regulation 36 insert—
(8) S.I. 2017/1013. Relevant amendments were made by S.I. 2019/42 and 2019/579.
6Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
“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”.
7Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(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;
(11) Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 and amended by section 105(1)
of, and paragraph 36 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16), S.I. 2013/755
(W. 90), paragraph 7 of Schedule 2 to the Planning (Wales) Act 2015 (anaw 4) and paragraph 22 of Schedule 9 to the Local
Government and Elections (Wales) Act 2021 (asc 1).
8Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
“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.”.
Amendment to regulation 37 (notification of compensatory measures)
17. In regulation 37(1), after “regulation 36(2)” insert “or 36A(2)”.
Amendment to regulation 82 (review)
18. 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).”.
Part 4
Review
Review: Secretary of State
19.—(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.
9Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(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).
Review: Scottish Ministers
20.—(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).
Review: Welsh Ministers
21.—(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).
(12) 2015 c. 26.
10Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Emma Hardy
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural
8th May 2026 Affairs
11Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
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;
12Document Generated: 2026-05-21
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
• 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.
13