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).
