General
Section 139 – Duties to publish
365.Where the Act imposes a duty to publish something, it must be published electronically. Nothing in this section prevents the person subject to the duty from publishing in another way as well as publishing electronically.
Section 140 – Regulations and orders: restrictions
366.This section sets out that regulations under sections 30, 34, 35, 48(6), 63(5), 91(3) 124 and 129 of the Act or an infrastructure consent order or an order under section 90 may include provision that would require the consent of the Secretary of State (i.e. “the appropriate Minister”) under any of paragraphs 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru.
367.This section also provides that regulations under sections 30, 34, 35, 48(6), 63(5), 91(3), 124 and 129 of the Act or an infrastructure consent order or an order under section 90 may include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru. See correspondence between the Secretary of State and the Welsh Ministers over the period 2023 to 2024(3) confirming consent under Schedule 7B for the provisions, including a commitment to consult the UK Government prior to making regulations which affect reserved bodies.
368.Regulations and orders under any other section of this Act may not include provision that would require the consent of the appropriate Minister under paragraph 8, 10 or 11 of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru; and may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) or (2A) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.
Section 141 – Regulations: procedure
369.This section provides that a power to make regulations under the Act is exercisable by statutory instrument.
370.Subsection (3) provides that a statutory instrument containing regulations made under the following sections of the Act are to be made under the affirmative procedure (i.e. a draft of the instrument should be laid before, and approved by a resolution of, Senedd Cymru):
section 17 - power to add, vary or remove projects;
section 21 - power to add or remove types of consent;
section 22(2)(c) - directions specifying development as a significant infrastructure project;
section 55(1) - power for the examining authority to decide certain kinds of applications for infrastructure consent;
section 58(3) - updating of matters that may be disregarded when making decisions on applications;
section 59(6) - power to amend the timetable for deciding an application for infrastructure consent;
section 63(5) - what may be included in an infrastructure consent order;
section 124 - fees for performance of infrastructure consent functions and services;
section 130 – directions to public authorities;
section 131 - power to disapply requirements;
section 132 – applications by the Crown;
section 144 - power to make consequential and transitional provision etc., but only where the regulations amend, repeal or otherwise modify a provision of an Act of Parliament, a Measure of the National Assembly for Wales or an Act of Senedd Cymru;
paragraph 2(1) of Schedule 2.
371.Statutory instruments containing regulations made under any other power in the Act are subject to the negative procedure (i.e. annulment following a resolution of Senedd Cymru).
Section 142 – Directions: general
372.This section requires a direction given under or by virtue of this Act to be in writing.
Section 143 – General interpretation
373.This section defines certain terms used in the Act.
Section 144 – Power to make consequential and transitional provision etc.
374.This section confers upon the Welsh Ministers a regulation-making power which may be used to make supplementary, incidental, or consequential provision and transitional or saving provision. Regulations under this section may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).
Section 145 – Consequential amendments and repeals
375.This section refers to Schedule 3 which makes provision in consequence of this Act.
Section 146 – Transitional and saving provision
376.This section makes transitional and savings provisions.
Section 147 – Coming into force
377.This section makes provision about when the provisions of the Act come into force.
Section 148 – Short title
378.The short title of this Act is the Infrastructure (Wales) Act 2024.
