Westminster Policy News & Legislative Analysis

UK Regulations Define Digital Sequence Information in Marine Law

The UK has made a short but legally important statutory instrument under the Biodiversity Beyond National Jurisdiction Act 2026. 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 come into force on 10 July 2026. Although the text is brief, the instrument settles one term that will matter across the wider marine biodiversity regime. In the legislation.gov.uk version, the operative effect is simple but precise: it defines digital sequence information for the purposes of the 2026 Act.

The legal basis is section 27(1) of the Biodiversity Beyond National Jurisdiction Act 2026, which left the meaning of the term to be specified later in secondary legislation. The Secretary of State has now exercised that delegated power, with the regulations signed on 14 May 2026 by Seema Malhotra, Parliamentary Under-Secretary of State at the Foreign, Commonwealth and Development Office. That drafting route is worth noting. Parliament did not place a fixed definition on the face of the Act itself. Instead, ministers were given authority to set the term by regulations once the wider statutory scheme was in place.

The definition itself is narrow and technical. For the purposes of the Act, digital sequence information in relation to marine genetic resources means DNA or RNA sequences in digital form. That wording matters because it brings the law directly to sequence data rather than only to physical biological samples. For officials, research bodies and legal advisers, it provides a clear starting point when questions arise about how information derived from marine genetic resources should be treated under the UK framework.

The Explanatory Note states that the regulations have been 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, generally referred to as the BBNJ Agreement. This is the broader policy context behind an otherwise very short instrument. Marine science increasingly depends on genetic information that can be stored, analysed and shared digitally. By defining the term in domestic law, the UK is settling part of the legal vocabulary needed for that international agreement to operate through the 2026 Act.

The regulations extend to England and Wales, Scotland and Northern Ireland. They do not, on their face, establish a separate licensing, charging or reporting regime. Their immediate function is more limited, but still important: they fix the meaning of one expression that other provisions under the Act may need to apply. For public authorities and research institutions, the immediate effect is legal certainty rather than a new administrative process. Any later compliance or interpretive question under the Act that turns on digital sequence information will now begin from a statutory definition confined to DNA and RNA sequences held in digital form.

The Explanatory Note also records that no full impact assessment has been produced because no significant impact on the private, public or voluntary sectors is foreseen. Instead, the government points to the impact assessment prepared for the Biodiversity Beyond National Jurisdiction Bill as the relevant wider document. That is consistent with the character of this measure. It is a framework-setting regulation rather than an instrument imposing new commercial duties in its own right. Even so, its effect should not be understated: in a legal regime built around marine genetic resources, precise definitions will shape how data is classified and handled from 10 July 2026 onwards.