Search Legislation

Planning (Wales) Act 2015

Status:

This is the original version (as it was originally enacted).

(introduced by section 55)

SCHEDULE 7REGULATIONS AND ORDERS MADE BY WELSH MINISTERS

This schedule has no associated Explanatory Notes

Regulations under PCPA 2004

1(1)Section 122 of PCPA 2004 (regulations and orders) is amended as follows.

(2)In subsection (1)(b), for “National Assembly for Wales” substitute “Welsh Ministers”.

(3)In subsection (5)(g), for “National Assembly for Wales” substitute “Welsh Ministers”.

(4)After subsection (6) insert—

(6A)Subsection (6) does not apply in relation to a statutory instrument containing subordinate legislation made by the Welsh Ministers.

(6B)The Welsh Ministers must not make a statutory instrument containing subordinate legislation which includes provision amending or repealing an enactment contained in primary legislation unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(6C)A statutory instrument containing subordinate legislation made by the Welsh Ministers to which subsection (6B) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(5)After subsection (10) insert—

(11)In subsection (6B), “primary legislation” means—

(a)an Act of Parliament;

(b)an Act or Measure of the National Assembly for Wales.

2In Schedule 11 to the Government of Wales Act 2006 (c. 32) (transitional provisions), in paragraph 35(4), in Table 2, omit the entries relating to PCPA 2004.

Regulations under TCPA 1990

3In section 333 of TCPA 1990 (regulations and orders), after subsection (3A) insert—

(3B)Subsection (3) does not apply to a statutory instrument containing regulations made by the Welsh Ministers.

(3C)A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3D)Subsection (3C) does not apply to a statutory instrument if—

(a)it contains only regulations under section 88(7),

(b)it contains (whether alone or with other provision) regulations under section 315, or

(c)it is within subsection (3F).

(3E)The Welsh Ministers may not make a statutory instrument within subsection (3F) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(3F)A statutory instrument is within this subsection if it contains (whether alone or with other provision) regulations under—

(a)section 9, if the regulations include provision amending an Act of Parliament or an Act or Measure of the National Assembly for Wales;

(b)section 62D(3);

(c)section 62H;

(d)section 116;

(e)section 303;

(f)section 303ZA;

(g)section 316, if the regulations relate to land of the Welsh Ministers or to the development of land by the Welsh Ministers;

(h)section 319ZB.

4(1)TCPA 1990 is further amended as follows.

(2)In section 116 (modification of compensation provisions in respect of mineral working etc)—

(a)in subsection (3), after “shall be made” insert “by the Secretary of State”;

(b)in subsection (4)—

(i)after “Secretary of State” insert “or (as the case may be) the Welsh Ministers”;

(ii)after “him” insert “or them”.

(3)In section 202A (tree preservation regulations: general), which is inserted by section 192(7) of the Planning Act 2008 (c. 29), omit subsections (6) and (7).

(4)In section 208 (appeals against notices under section 207), omit subsections (4B) and (4C).

(5)In section 303 (fees for planning applications etc)—

(a)in subsection (8)—

(i)after “under this section” insert “by the Secretary of State”;

(ii)omit the words after “each House of Parliament”;

(b)omit subsection (9).

(6)In section 303ZA (fees for appeals), which is inserted by section 200 of the Planning Act 2008—

(a)in subsection (6)—

(i)after “under this section” insert “by the Secretary of State”;

(ii)omit the words after “each House of Parliament”;

(b)omit subsection (7).

(7)In section 321B (special provision in relation to planning inquiries: Wales), omit subsection (6).

Orders under TCPA 1990

5In section 59 of TCPA 1990 (development orders: general), after subsection (3) insert—

(4)In this Act, references to a development order are—

(a)in relation to England, references to a development order made by the Secretary of State;

(b)in relation to Wales, references to a development order made by the Welsh Ministers.

6(1)Section 333 of TCPA 1990 is amended as follows.

(2)In subsection (4), after “power” insert “of the Secretary of State”.

(3)For subsection (4A) substitute—

(4A)The power of the Welsh Ministers to make development orders and orders under sections 2(1B), 55(2)(f), 87(3), 149(3)(a), 293(1)(c) and 319B(9) is exercisable by statutory instrument.

(4B)A development order made by the Welsh Ministers may make different provision for different purposes, for different cases (including different classes of development) and for different areas.

(4)In subsection (5)—

(a)in paragraph (a), after “an order under” insert “subsection (1) of”;

(b)in paragraph (b)—

(i)after “a development order” insert “made by the Secretary of State”;

(ii)after “an order” insert “made by the Secretary of State”;

(iii)omit “(unless it is made by the National Assembly for Wales)”.

(5)After subsection (5A) insert—

(5B)A statutory instrument containing any of the following is subject to annulment in pursuance of a resolution of the National Assembly for Wales—

(a)an order under subsection (1B) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section,

(b)a development order made by the Welsh Ministers, or

(c)an order under section 87(3) or 149(3)(a) made by the Welsh Ministers.

(5C)The Welsh Ministers may not make a statutory instrument containing an order under section 62L(9), 293(1)(c) or 319B(9) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.

(6)In subsection (6)—

(a)after “subsection (5)” insert “or (5B)”;

(b)after “each House of Parliament” insert “(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)”.

7(1)TCPA 1990 is further amended as follows.

(2)In section 78 (right to appeal against planning decisions and failure to take such decisions), omit subsections (4B) to (4D).

(3)In section 195 (appeals against refusal or failure to give decision on application for certificate), omit subsections (1D) to (1F).

(4)In section 293 (application of Act to Crown land: preliminary definitions), in subsection (5), after “order made” insert “by the Secretary of State”.

(5)In section 319B (determination of procedure for certain proceedings), omit subsection (11).

Regulations and orders under the Commons Act 2006

8(1)Section 59 of the Commons Act 2006 (c. 26) (orders and regulations) is amended as follows.

(2)In subsection (3A), after “order under section 15C(5)” insert “made by the Secretary of State”.

(3)After subsection (4) insert—

(5)A statutory instrument containing regulations under section 29(1) or an order under section 15C(5), 54 or 55 may not be made by the Welsh Ministers unless a draft has been laid before and approved by a resolution of the National Assembly for Wales.

(6)Subject to subsection (5), a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers other than an order under section 56 is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

9In section 61(1) of that Act (interpretation), in the definition of “appropriate national authority”, for “National Assembly for Wales” substitute “Welsh Ministers”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources