Part 13: Offshore Wind Electricity Generation, Oil and Gas Chapter 1: Offshore Wind Electricity Generation Section 293: Assessment of environmental effects etc
This section confers a power on the appropriate authority to make provision by regulations for the assessment of environmental effects of relevant offshore wind activities on protected sites; and make provision about the taking or securing of compensatory measures for adverse environmental effects on those sites. New regulations for the assessment of environmental effects will apply to relevant offshore wind activities only.
	Subsection (2) provides that the appropriate authority is the Secretary of State or where relevant to regions in Scotland, Wales and Northern Ireland, the Scottish Ministers, Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs respectively. Subsection (3) sets out that Welsh Ministers are not the regulation-making authority for generating stations that are nationally significant infrastructure projects.
	Subsection (4) sets out the modifications that may be made to assessments required under Regulation 63 of The Conservation of Habitats and Species Regulations 2017, Regulation 28 of The Conservation of Offshore Marine Habitats and Species Regulations 2017, Regulation 48 of the Conservation (Natural Habitats &c.) Regulations 1994, and Regulation 43 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995. This includes the matters to be dealt with, who carries out the assessment, prohibiting the granting of consent, compensatory measures, and which existing legislation may be disapplied or modified, including devolved legislation.
	Subsection (5) refers to existing legislation which may be disapplied or modified, and subsection (6) clarifies the legislation that cannot be disapplied or modified. Both subsections include details of relevant legislation across the Devolved Administrations which may, or may not, be disapplied or modified. For example, regulation 29 of The Conservation of Offshore Marine Habitats and Species Regulations 2017 which refers to a plan or project being carried out for Imperative Reasons of Overriding Public Interest, cannot be modified or disapplied.
	Subsection (7) sets out that regulations made by the Secretary of State may not remove a function from a Scottish, Welsh or Northern Ireland public authority or provide for such functions to be exercisable, concurrently, by another person. Regulations may, however, modify such a function.
	Subsections (8), (10), (11) and (12) set out provisions which may be made under section 293, including to enable a person specified in the regulations (or the appropriate authority) to give a direction; to require the appropriate authority or a specified person to give guidance; and to confer functions on certain people. Subsection (9) prevents regulations authorising the giving of a direction to a Scottish or Welsh public authority by a person other than (as the case may be) the Scottish Ministers or the Welsh Ministers. Subsection (13) provides definitions for terms used in section 293.