Section 68A(15)

In this regulation— “compensation hierarchy” means a hierarchy published by the Scottish Ministers, and revised from time to time setting out— categories of compensatory measures by reference to the manner in which they would benefit the UK MPA network, 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 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 site within the national site network, all or part of which is in the UK marine area, 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, a Ramsar site, all of part of which is in the UK marine area, or 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.

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Source: legislation.gov.uk · retrieved 2026-07-30