PART 2

REQUIREMENT FOR INFRASTRUCTURE CONSENT

Powers to change the requirement or its effect

Directions for applications to be treated as applications for infrastructure consent
23
1
If the Welsh Ministers give a direction under section 22 in relation to development, the Welsh Ministers may—
a
if an application for a section 20 consent has been made in relation to the development, direct the application to be treated as an application for infrastructure consent;
b
if a person proposes to make an application for such a consent in relation to the development, direct the proposed application to be treated as a proposed application for infrastructure consent.
2
A direction under this section may provide for specified provisions of any enactment (including an enactment contained in this Act)—
a
to have effect in relation to the application, or proposed application, with any specified modifications, or
b
to be treated as having been complied with in relation to the application or proposed application.
3
If the Welsh Ministers give a direction under this section, the relevant authority must refer the application, or proposed application, to the Welsh Ministers instead of dealing with it themselves.
4
If the Welsh Ministers are considering whether to give a direction under this section, the Welsh Ministers may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Welsh Ministers have decided whether to give the direction.
5
In this section, “relevant authority”—
a
in relation to an application for a section 20 consent that has been made, means the authority to which the application was made, and
b
in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.
S. 23 not in force at Royal Assent, see s. 147(2)
S. 23 in force at 15.12.2025 by S.I. 2025/698, art. 3(a)