Westminster Policy News & Legislative Analysis

UK Defines Digital Sequence Information for Marine Resources

The Biodiversity Beyond National Jurisdiction Act 2026 (Meaning of "Digital Sequence Information") Regulations 2026 were made on 14 May 2026, laid before Parliament on 15 May 2026 and will come into force on 10 July 2026. The instrument is short, but it settles a point that the parent Act left to secondary legislation. Section 27(1) of the Biodiversity Beyond National Jurisdiction Act 2026 allows the Secretary of State to define "digital sequence information" by regulations. This statutory instrument uses that power and gives the term a fixed meaning for the purposes of the Act.

Regulation 2 states that, in relation to marine genetic resources, digital sequence information means DNA or ribonucleic acid (RNA) sequences in digital form. The drafting is narrow and technical. It deals with sequence data itself, rather than a wider category of biological or environmental information. The regulations extend to England and Wales, Scotland and Northern Ireland. That UK-wide application matters because it avoids different interpretations emerging across jurisdictions when the 2026 Act is used in practice.

The legal significance is greater than the length of the instrument might suggest. Marine genetic resources are not only relevant when physical samples are collected and analysed; they are also relevant when genetic material is represented and shared as sequence data. A statutory definition helps remove uncertainty where later provisions refer to information held digitally rather than material held physically. The instrument does not itself create a new access regime, reporting duty or payment requirement. Its immediate effect is definitional. Even so, definitions of this kind often determine how future operational rules are read and applied.

The explanatory note says the regulations are made in connection with UK implementation of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction. In plain terms, the measure supports the domestic operation of the international BBNJ framework for marine biodiversity beyond national waters. That context is important. The regulations are not a standalone biodiversity policy announcement. They are a technical implementation measure designed to make the 2026 Act more workable by settling the meaning of a term that has scientific and legal importance.

The Government has not produced a full impact assessment for this instrument. The explanatory note states that this is because no impact, or no significant impact, on the private, public or voluntary sectors is foreseen. It also points readers to the impact assessment prepared for the Biodiversity Beyond National Jurisdiction Bill as the relevant supporting document. That suggests the immediate compliance burden is expected to be limited. The more immediate effect is legal certainty for officials, researchers and institutions working with marine genetic data, particularly where future administrative or regulatory steps rely on a settled statutory definition.

The instrument was signed on 14 May 2026 by Seema Malhotra, Parliamentary Under-Secretary of State at the Foreign, Commonwealth and Development Office. Unless amended or revoked, the definition will apply from 10 July 2026 across the United Kingdom. For practitioners following the 2026 Act, the operative point is straightforward: from that date, references in the Act to digital sequence information in relation to marine genetic resources will mean DNA and RNA sequences in digital form. The measure is modest in appearance, but it closes an important drafting gap in the UK's BBNJ legislation.