Part 13: Offshore Wind Electricity Generation, Oil and Gas Chapter 1: Offshore Wind Electricity Generation Section 292: Marine recovery fund
This section confers powers to introduce one or more Marine Recovery Funds (MRFs), which will support delivery of strategic compensation (in relation to one or more relevant offshore wind activities). Commercial, competition and other project management information sensitivities can limit opportunities for offshore wind farm developers to easily deliver strategic compensatory measures in collaboration with other developers. A MRF is intended to be an optional route for developers or public authorities to discharge compensation conditions imposed on them in respect of an "adverse environmental effect" (as defined in section 291(4)). This means that, where appropriate measures are available to an MRF, they will be able to make a payment to discharge the relevant condition (if the person who imposed the compensation condition makes a determination to the effect).
	Subsection (1) confers a power on the Secretary of State for the establishment, operation and management of one or more MRF, to be made by regulations. Subsection (2) describes a MRF as a fund into which payments may be made for expenditure on strategic compensatory measures to compensate for the adverse environmental effects of relevant offshore wind activities. Subsection (3) makes clear that the following provisions do not limit the scope of the regulation making power in subsection (1).
	Subsection (4) sets out provisions which may be made using the regulation making power in subsection (1) relating to a "compensation condition" (defined in subsection (5)), specifically that regulations may make provision enabling a determination to be made by or on behalf of the person who imposed the compensation condition as to whether and the extent to which a payment into a MRF discharges a compensation condition. A payment may discharge a compensation condition in whole or in part.
	Subsections (7) and (8) set out further provisions which may be made using the regulation making power in subsection (1) to enable the funds paid into the MRF(s) to be spent on the various activities needed to deliver and maintain strategic compensatory measures for the required duration. Subsection (8) also makes provision for the delegation of functions related to the operation or management of an MRF to one or more authorities and third parties as appropriate.
	Subsection (9) provides which functions may be delegated to the listed public authorities. Subsection (10) provides that regulations under section 292 that make provision for the delegation of functions to a Scottish public authority, a Welsh public authority or a Northern Ireland public authority must require the consent of the Scottish Ministers, the Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland (as relevant).
	Subsection (11) provides for the cancellation of a delegation of a function, and for the Secretary of State to retain the ability to exercise functions in parallel. Subsection (12) requires the Secretary of State to consult the devolved administrations prior to making regulations, to the extent that the regulations relate to activities in their areas. Subsection (13) clarifies that new regulations are subject to the negative procedure.