Powers to change the requirement or its effect
Section 21 – Power to add or remove types of consent
43.Section 21 allows the Welsh Ministers to amend section 20(1) and (2) by regulations to add or remove a type of consent or to vary the cases under which a type of consent falls within section 20(1) or (2). Section 21 also allows the Welsh Ministers to make further provision about the types of consent that are, and are not, within section 20(1) or (2) and the cases in relation to which a type of consent is or is not within section 20(1) and (2).
44.Subsection (2) allows regulations to amend, modify, repeal or revoke an enactment.
45.Subsection (3) defines “
Section 22 – Directions specifying development as a significant infrastructure project
46.Section 22 provides that the Welsh Ministers may give a direction specifying that a specific development is a significant infrastructure project, if—
the development, when completed, is wholly or partly in Wales or the Welsh marine area,
the development is or forms part of a project that the Welsh Ministers consider to be of national significance, and
the development is of a description specified in regulations.
47.Subsection (3) clarifies that the power of direction under subsection (1) applies to a development only to the extent that the development is in Wales or in the Welsh marine area.
48.Subsection (4) provides that the Welsh Ministers may require an authority to which an application for consent or authorisation has been, or may be, made to provide any information required by the Welsh Ministers to enable them to make a direction under subsection (1) and under which terms the direction should be given.
Section 23 – Directions for applications to be treated as applications for infrastructure consent
49.Section 23 provides that if the Welsh Ministers give a direction under section 22, the Welsh Ministers have the power to direct that—
an application that has been made for a permission, authorisation, consent etc. mentioned in section 20 is to be treated as an application for infrastructure consent, or
a proposed application for such a consent is to be treated as a proposed application for infrastructure consent.
50.Directions made under this section may provide for specified provisions of any enactment (including enactments in the Act) to have effect in relation to the application or proposed application with any modifications specified in the direction or to be treated as having been complied with in relation to the application or proposed application.
51.If the Welsh Ministers give a direction under this section, the relevant authority must refer the application, or the proposed application, to the Welsh Ministers. The “relevant authority” is the authority to which the application is made, or is proposed to be made.
52.If the Welsh Ministers are considering whether to give a direction under this section they may also direct the relevant authority to take no further action until further notice.
Section 24 – Directions specifying that development is not a significant infrastructure project
53.Section 24 provides that the Welsh Ministers may give a direction specifying that a development that would otherwise be a significant infrastructure project is not classed as one for the purpose of this Act. A direction may only be given under this section if the development is partly in Wales or the Welsh marine area.
54.The Welsh Ministers must publish the direction and report to the Senedd that a direction has been given.
Section 25 – Directions under section 22 to 24: general provision
55.Section 25 states that any direction made under sections 22 to 24 may be given subject to conditions and may specify the period of time for which it has effect.
56.A direction made by the Welsh Ministers under these sections can be given at the request of a developer or without such a request being made. The Welsh Ministers are not required to consider a request for a direction unless it is a “qualifying request” from a developer. A “qualifying request” is a request in writing for a direction that specifies the development to which it relates. After making a decision on a qualifying request, the Welsh Ministers must give reasons for their decision to the person who made the request.
Section 26 – Directions under section 22: regulations about procedure
57.Section 26 gives the Welsh Ministers power to make regulations about procedural matters in connection with directions under sections 22 to 24 of this Act.
