Energy Act 2023

292 Marine recovery fund

(1) The Secretary of State may by regulations make provision for the establishment, operation and management of one or more marine recovery funds.

(2) A marine recovery fund is a fund—

(a) into which payments may be made in respect of relevant offshore wind activities, and

(b) out of which payments may be made towards expenditure on measures to compensate for adverse environmental effects of relevant offshore wind activities.

(3) The following provisions of this section are without prejudice to the generality of subsection (1).

(4) Regulations under this section may make provision—

(a) enabling a determination to be made, by or on behalf of the relevant person, as to whether (and, if so, the extent to which) a payment into the fund discharges a compensation condition imposed on another person in connection with the granting of consent in respect of a relevant offshore wind activity;

(b) for a payment into the fund to be treated as discharging a compensation condition to the extent (if any) determined by virtue of paragraph (a).

(5) “Compensation condition”, in relation to a person, means a condition requiring the person to take measures to compensate for adverse environmental effects of a relevant offshore wind activity.

(6) “Relevant person”, for the purposes of a determination made by virtue of subsection (4)(a), means the person who imposed the compensation condition.

(7) Regulations under this section may make provision—

(a) enabling payments to be made out of the fund towards expenditure described in subsection (2)(b);

(b) about the persons to whom such a payment may be made;

(c) enabling conditions to be imposed on a person to whom such a payment is made in connection with the taking of measures described in subsection (2)(b).

(8) Regulations under this section may make provision—

(a) about the recovery of costs incurred in connection with the exercise of functions conferred by the regulations;

(b) conferring functions, including functions involving the exercise of a discretion, on the Secretary of State;

(c) for the delegation of functions conferred on the Secretary of State, where the functions relate to the operation or management of a marine recovery fund.

(9) Regulations made by virtue of subsection (8)(c) may provide that a function may be delegated—

(a) to a Scottish public authority only if the function relates to the taking or securing of measures in Scotland;

(b) to a Welsh public authority only if the function relates to the taking or securing of measures in Wales;

(c) to a Northern Ireland public authority only if the function relates to the taking or securing of measures in Northern Ireland.

(10) Regulations made by virtue of subsection (8)(c) must provide that the delegation of a function—

(a) to a Scottish public authority requires the consent of the Scottish Ministers;

(b) to a Welsh public authority requires the consent of the Welsh Ministers;

(c) to a Northern Ireland public authority requires the consent of DAERA.

(11) Regulations made by virtue of subsection (8)(c) must provide that the delegation of a function—

(a) may be cancelled by the Secretary of State in accordance with the regulations;

(b) does not prevent the Secretary of State from carrying out any function delegated.

(12) Before making regulations under this section, the Secretary of State must consult—

(a) the Scottish Ministers, so far as the regulations relate to relevant offshore wind activities in Scotland,

(b) the Welsh Ministers, so far as the regulations relate to relevant offshore wind activities in Wales,

(c) DAERA, so far as the regulations relate to relevant offshore wind activities in Northern Ireland, and

(d) such other persons as the Secretary of State considers appropriate.

(13) Regulations under this section are subject to the negative procedure.