PART 9 E+W GENERAL PROVISIONS

General E+W

143 General interpretation E+W

(1) In this Act—

• “airport” (“maes awyr”) has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);

• “alteration” (“addasu”), in relation to an airport, must be read in accordance with section 11(4);

• “alteration” (“addasu”), in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;

• “building” (“adeilad”) has the meaning given by section 336(1) of TCPA 1990;

• “construction” (“adeiladu”), in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly); and in this definition “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act);

• “Crown land” (“tir y Goron”) has the meaning given by section 134;

• “development” (“datblygiad”) has the meaning given by section 133;

• “devolved Welsh authority” (“awdurdod Cymreig datganoledig”) has the meaning given by section 157A of the Government of Wales Act 2006 (c. 32);

• “electric line” (“llinell drydan”) has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);

• “enactment” (“deddfiad”) includes any enactment whenever passed or made;

• “examining authority” (“awdurdod archwilio”) has the meaning given by section 40(7);

• “extension” (“estyniad”), in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);

• “gas” (“nwy”) includes natural gas;

• “generating station” (“gorsaf gynhyrchu”) has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);

• “goods” (“nwyddau”) has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

• “harbour” (“harbwr”) and “harbour authority” (“awdurdod harbwr”) have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);

• “highway” (“priffordd”) has the meaning given by section 328 of the Highways Act 1980;

• “highway authority”(“awdurdod priffyrdd”) has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);

• “improvement” (“gwella”), in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;

• “infrastructure consent” (“cydsyniad seilwaith”) means the consent required by section 19;

• “infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under this Act granting infrastructure consent;

• “infrastructure policy statement”(“datganiad polisi seilwaith”) has the meaning given by section 127(2);

• “land” (“tir”) includes buildings, monuments and land covered with waters (including the sea bed); and in relation to Part 6 (infrastructure consent orders) must be read in accordance with section 102;

• “LNG facility” (“cyfleuster LNG”) must be read in accordance with section 3;

• “local impact report” (“adroddiad ar yr effaith leol”) has the meaning given by section 36(4);

• “marine impact report” (“adroddiad effaith ar y môr”) has the meaning given by section 37(4);

• “minerals” (“mwynau”) includes all substances ordinarily worked for removal (including in the sea);

• “monument” (“heneb”) has the same meaning as in the Historic Environment (Wales) Act 2023 (asc. 3) (see section 2 of that Act);

• “natural gas” (“nwy naturiol”) means any gas derived from natural strata (including gas originating outside the United Kingdom);

• “planning authority” (“awdurdod cynllunio”) means a local planning authority within the meaning given by Part 1 of the TCPA 1990 for an area in Wales;

• “planning permission” (“caniatâd cynllunio”) means permission under Part 3 of TCPA 1990;

• “pre-application services” (“gwasanaethau cyn gwneud cais”) is to be interpreted in accordance with section 27(2);

• “public authority” (“awdurdod cyhoeddus”) means any person who has any function of a public nature;

• “rail freight interchange” (“cyfnewidfa nwyddau rheilffordd”) means a facility for the transfer of goods between railway and road, or between railway and another form of transport;

• “railway” (“rheilffordd”) has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42);

• “regulations” (“rheolidau”) means regulations made by the Welsh Ministers;

• “section 20 consent” (“cydsyniad adran 20”) means a permission, authorisation, consent, order, or scheme mentioned in section 20 (effect of requirement for infrastructure consent on other consenting regimes)”;

• “significant infrastructure project” (“prosiect seilwaith arwyddocaol”) has the meaning given by Part 1;

• “special road” (“ffordd arbennig”) means a highway which is a special road in accordance with section 16 of the Highways Act 1980 (c. 66) or by virtue of an infrastructure consent order;

• “special Senedd procedure” (“gweithdrefn arbennig y Senedd”) means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure;

• “standard” (“safonol”), in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;

• “TCPA 1990” (“DCGTh 1990”) means the Town and Country Planning Act 1990 (c. 8);

• “trunk road” (“cefnffordd”) means a highway which is a trunk road by virtue of—

  (a)

  section 10(1) or 19 of the Highways Act 1980,

  (b)

  an order or direction under section 10 of that Act, or

  (c)

  an infrastructure consent order,

  or under any other enactment;

• “use” (“defnyddio”) has the meaning given by section 336(1) of TCPA 1990;

• “Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972 (c. 70));

• “Welsh marine area” (“ardal forol Cymru”) means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea; and the question of which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(2) A reference in this Act to a right over land includes—

(a) a reference to a right to do, or to place and maintain, anything in, on or under land or in the space above its surface;

(b) a reference to a restrictive covenant.

(3) A reference in this Act to the acquisition of land, as it applies to a right over land, and a reference to the acquisition of a right over land includes—

(a) acquiring the right by the creation of a new right as well as by the acquisition of an existing one;

(b) the imposition of a restrictive covenant.

(4) A reference in this Act to the sea includes the bed and subsoil of the sea.

Commencement Information

I1 S. 143 in force at 4.6.2024, see s. 147(1)(c)