Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

(introduced by section 1(3))

SCHEDULE 1 E+W THE DISUSED TIPS AUTHORITY FOR WALES

PART 1 E+W STATUS

Status E+W

1 (1) The Authority is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The Authority’s property is not to be regarded as property of the Crown or property held on behalf of the Crown.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.4.2027, see s. 92(2)

PART 2 E+W MEMBERS

Members E+W

2 (1) The members of the Authority are—

(a) a person appointed by the Welsh Ministers as its chairperson,

(b) at least 3 but not more than 5 other persons appointed by the Welsh Ministers,

(c) its chief executive (see paragraph 6), and

(d) at least 1 but no more than 2 other members appointed by the chief executive and the non-executive members from among the Authority’s staff.

(2) The Welsh Ministers may appoint one of the members appointed under sub-paragraph (1)(b) as deputy chairperson.

(3) In this Schedule—

(a) the chairperson and members of the Authority appointed under sub-paragraph (1)(b) are collectively referred to as “non-executive members”;

(b) the chief executive and members of the Authority appointed under sub-paragraph (1)(d) are collectively referred to as “executive members”.

(4) The Welsh Ministers may by regulations amend sub-paragraph (1) so as to substitute a different number for any of the numbers for the time being specified in it; but the regulations must ensure that the number of non-executive members continues to exceed the number of executive members.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.4.2027, see s. 92(2)

Disqualification from being a non-executive member E+W

3 A person is disqualified from being appointed, or holding office, as a non-executive member of the Authority if the person is or becomes—

(a) a member of the Authority’s staff,

(b) a member of Senedd Cymru,

(c) a member of a council for a county or county borough in Wales,

(d) a member of the House of Commons or the House of Lords,

(e) a member of the Welsh Government,

(f) a person employed in the civil service of the State, or

(g) the holder of an office, or a member or member of staff of a body, specified by regulations made by the Welsh Ministers.

Commencement Information

I3 Sch. 1 para. 3 in force at 1.4.2027, see s. 92(2)

Terms of non-executive membership E+W

4 (1) A non-executive member of the Authority holds office for such period, and on such terms and conditions, as may be specified in the terms of appointment, but this is subject to sub-paragraphs (2) and (3) and paragraph 5.

(2) The period of office specified in a non-executive member’s terms of appointment may not exceed 5 years.

(3) A person who has held office as a non-executive member may be reappointed as a non-executive member once only (and sub-paragraph (2) applies in relation to the reappointment).

(4) The Authority may, with the approval of the Welsh Ministers—

(a) pay its non-executive members remuneration, expenses and allowances;

(b) pay pensions to, or in respect of, persons who have been non-executive members of the Authority, and amounts for or towards the provision of pensions to, or in respect of, persons who have been non-executive members of the Authority.

Commencement Information

I4 Sch. 1 para. 4 in force at 1.4.2027, see s. 92(2)

Removal etc. of members E+W

5 (1) The Welsh Ministers may by notice remove a person who is a non-executive member from office if satisfied—

(a) that the person is unfit to continue as a member, or

(b) that the person is unable or unwilling to exercise the functions of a member.

(2) The Welsh Ministers may by notice suspend a person who is a non-executive member from office if it appears to them—

(a) that the person may be unfit to continue as a member, or

(b) that the person may be unable or unwilling to exercise the functions of a member.

(3) A suspension under sub-paragraph (2) has effect until the Welsh Ministers give a further notice to the person suspended.

(4) A person who is a non-executive member may resign from office by giving notice to the Welsh Ministers.

(5) A person ceases to be a non-executive member of the Authority if that person becomes disqualified under paragraph 3.

(6) A person ceases to be chairperson or deputy chairperson (as the case may be) if that person ceases to be a non-executive member of the Authority.

(7) A person ceases to be an executive member of the Authority upon ceasing to be a member of the Authority’s staff.

Commencement Information

I5 Sch. 1 para. 5 in force at 1.4.2027, see s. 92(2)

PART 3 E+W STAFF

Chief executive E+W

6 (1) The Authority must have a chief executive.

(2) The first chief executive of the Authority is to be appointed by the Welsh Ministers on such terms and conditions (including terms and conditions as to remuneration, expenses, allowances and pension) as they may determine.

(3) Subsequent appointments are to be made by the non-executive members on such terms and conditions (including terms and conditions as to remuneration, expenses, allowances and pension) as they may determine with the approval of the Welsh Ministers.

Commencement Information

I6 Sch. 1 para. 6 in force at 1.4.2027, see s. 92(2)

Other staff E+W

7 (1) The Authority may appoint members of staff other than a chief executive.

(2) A member of staff appointed under this paragraph is appointed on such terms and conditions (including terms and conditions as to remuneration, expenses, allowances and pension) as the Authority may determine.

(3) The Authority may not agree terms and conditions as to remuneration, expenses, allowances or pension without the approval of the Welsh Ministers.

Commencement Information

I7 Sch. 1 para. 7 in force at 1.4.2027, see s. 92(2)

PART 4 E+W DELEGATION

Committees and sub-committees E+W

8 (1) The Authority may establish committees and sub-committees.

(2) A committee established under this paragraph may establish sub-committees.

(3) A committee or sub-committee established under this paragraph may include persons who are not members of the Authority or members of its staff, but such persons are not entitled to vote at meetings of the committee or sub-committee (as the case may be).

(4) The Authority may pay such remuneration, expenses and allowances as the Welsh Ministers may determine to any person who—

(a) is a member of a committee or sub-committee established under this paragraph, but

(b) is not a member of the Authority, or a member of its staff.

Commencement Information

I8 Sch. 1 para. 8 in force at 1.4.2027, see s. 92(2)

Delegation E+W

9 (1) The Authority may delegate any of its functions to any of its—

(a) committees,

(b) sub-committees (whether established under paragraph 8(1) or (2)),

(c) members, or

(d) members of staff.

(2) A committee of the Authority may delegate any function exercisable by it to—

(a) a sub-committee of the Authority (whether established under paragraph 8(1) or (2)),

(b) a member of the Authority, or

(c) a member of the Authority’s staff.

(3) A sub-committee of the Authority (whether established under paragraph 8(1) or (2)) may delegate any function exercisable by it to—

(a) a member of the Authority, or

(b) a member of the Authority’s staff.

(4) The Authority may—

(a) direct a committee or sub-committee of the Authority that it may not delegate a function specified in the direction;

(b) direct a committee or sub-committee of the Authority to vary or revoke any delegation specified in the direction;

(c) direct a committee of the Authority to vary or revoke any direction given by the committee under sub-paragraph (5).

(5) A committee of the Authority that has delegated a function to a sub-committee may—

(a) direct the sub-committee that it may not delegate the function;

(b) direct the sub-committee to vary or revoke any delegation of that function made by it.

(6) A function is delegated under this paragraph to the extent and on the terms determined by the person making the delegation, but this is subject to any direction under sub-paragraph (4) or (5).

(7) Delegation of a function under this paragraph does not prevent the Authority (or the committee or sub-committee, as the case may be) from exercising the function.

(8) Delegation of a function under this paragraph does not affect the Authority’s responsibility for the exercise of the function.

Commencement Information

I9 Sch. 1 para. 9 in force at 1.4.2027, see s. 92(2)

PART 5 E+W PROCEDURE ETC.

Procedure E+W

10 (1) The Authority must make rules to regulate its own procedure (including quorum).

(2) The rules must provide that a meeting of the Authority is not quorate unless a majority of the members present are non-executive members.

(3) The Authority must make rules to regulate the procedure of its committees and sub-committees (including quorum).

(4) Rules made by the Authority under sub-paragraph (3) may authorise its committees and sub-committees to determine their own procedure (including quorum).

Commencement Information

I10 Sch. 1 para. 10 in force at 1.4.2027, see s. 92(2)

Validity of proceedings and acts E+W

11 The validity of proceedings and acts of the Authority (or of its committees and sub-committees) is not affected by—

(a) any vacancy in the membership of the Authority, or

(b) any defect in the appointment of a member.

Commencement Information

I11 Sch. 1 para. 11 in force at 1.4.2027, see s. 92(2)

Seal E+W

12 If the Authority has a seal, it must be authenticated by the signature of—

(a) a member of the Authority, or

(b) a member of the Authority’s staff

who is authorised for that purpose.

Commencement Information

I12 Sch. 1 para. 12 in force at 1.4.2027, see s. 92(2)

Evidence E+W

13 A document purporting to be duly executed under the seal of the Authority, or to be signed on the Authority’s behalf, is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Commencement Information

I13 Sch. 1 para. 13 in force at 1.4.2027, see s. 92(2)

PART 6 E+W FINANCIAL MATTERS

Funding E+W

14 The Welsh Ministers may make payments to the Authority of such amounts, and at such times, and on such conditions, as the Welsh Ministers determine.

Commencement Information

I14 Sch. 1 para. 14 in force at 1.4.2027, see s. 92(2)

Accounting officer E+W

15 (1) The chief executive of the Authority is its accounting officer.

(2) The accounting officer has, in relation to the accounts and finances of the Authority, the responsibilities which are for the time being specified by the Welsh Ministers.

(3) The responsibilities which may be specified under this paragraph include (among other things)—

(a) responsibilities in relation to the signing of the accounts;

(b) responsibilities for the propriety and regularity of the finances of the Authority;

(c) responsibilities for the economy, efficiency and effectiveness with which the Authority uses its resources;

(d) responsibilities owed to the Welsh Ministers, Senedd Cymru or its Public Accounts Committee.

Commencement Information

I15 Sch. 1 para. 15 in force at 1.4.2027, see s. 92(2)

Accounts E+W

16 (1) The Authority must, for each financial year—

(a) keep proper accounts and proper records in relation to those accounts, and

(b) prepare a statement of accounts.

(2) Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a) the information to be contained in it,

(b) the manner in which the information is to be presented, and

(c) the methods and principles according to which the statement is to be prepared.

(3) No later than 30 September after the end of each financial year, the Authority must submit its statement of accounts for that financial year to—

(a) the Welsh Ministers, and

(b) the Auditor General for Wales.

Commencement Information

I16 Sch. 1 para. 16 in force at 1.4.2027, see s. 92(2)

Audit E+W

17 (1) This paragraph applies in relation to each statement of accounts submitted to the Auditor General for Wales by the Authority under paragraph 16(3)(b).

(2) The Auditor General for Wales must—

(a) examine, certify and report on the statement of accounts;

(b) provide a copy of the certified statement of accounts and the report to the Authority.

(3) The Auditor General for Wales must, before the end of the period of 4 months beginning with the day on which the statement of accounts is submitted (“the 4-month period”), lay before Senedd Cymru—

(a) a copy of the certified statement of accounts and the report, or

(b) if it is not reasonably practicable to comply with paragraph (a), a statement to that effect, which must include reasons as to why this is the case.

(4) Where a statement has been laid under sub-paragraph (3)(b), the Auditor General must lay a copy of the certified statement of accounts and the report before Senedd Cymru as soon as is reasonably practicable after the end of the 4-month period.

(5) In complying with sub-paragraph (2), the Auditor General for Wales must examine and report on whether, in the opinion of the Auditor General, the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Commencement Information

I17 Sch. 1 para. 17 in force at 1.4.2027, see s. 92(2)

Examination into use of resources E+W

18 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which resources have been used in the discharging of the Authority’s functions.

(2) But that does not entitle the Auditor General for Wales to question the merits of the policy objectives of the Authority.

(3) Before carrying out an examination under this paragraph, the Auditor General for Wales must—

(a) consult Senedd Cymru, and

(b) take into account the views of Senedd Cymru as to whether or not an examination should be carried out.

(4) The Auditor General for Wales must—

(a) as soon as is reasonably practicable, publish a report of the results of any examination carried out under this paragraph, and

(b) lay a copy of the report before Senedd Cymru.

Commencement Information

I18 Sch. 1 para. 18 in force at 1.4.2027, see s. 92(2)

PART 7 E+W REPORTING REQUIREMENTS ETC.

Corporate plan E+W

19 (1) The Authority must prepare a corporate plan for each planning period.

(2) The corporate plan must set out how the Authority intends to discharge its functions under this Act during the planning period.

(3) The Authority must submit the corporate plan for approval by the Welsh Ministers.

(4) Before submitting the corporate plan for approval, the Authority must consult such persons as it considers appropriate.

(5) The Welsh Ministers may approve the corporate plan subject to such modifications as may be agreed between them and the Authority.

(6) The Authority must publish the corporate plan approved by the Welsh Ministers.

(7) The Welsh Ministers must lay a copy of the approved corporate plan before Senedd Cymru.

(8) The Authority may review the approved corporate plan during the planning period to which it relates and submit a revised corporate plan to the Welsh Ministers for approval.

(9) Sub-paragraphs (2) to (8) apply to a revised corporate plan as they apply to a corporate plan.

(10) “Planning period” means—

(a) the period of 3 years beginning with 1 October 2027, and

(b) each subsequent period of 3 years.

(11) The Welsh Ministers may by regulations amend sub-paragraph (10)(b).

(12) The corporate plan for a planning period must be submitted to the Welsh Ministers for approval before the period begins.

Commencement Information

I19 Sch. 1 para. 19 in force at 1.4.2027, see s. 92(2)

Annual report E+W

20 (1) As soon as is reasonably practicable after the end of each financial year, the Authority must—

(a) prepare and publish a report (an “annual report”) on the exercise of its functions during that financial year, and

(b) send a copy of its annual report to the Welsh Ministers.

(2) The Welsh Ministers must lay a copy of the annual report before Senedd Cymru.

Commencement Information

I20 Sch. 1 para. 20 in force at 1.4.2027, see s. 92(2)

PART 8 E+W MINOR AND CONSEQUENTIAL AMENDMENTS

Coal Industry Act 1994 (c. 21) E+W

21 In section 59 of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority), after subsection (3)(f) insert—

“(g) the Disused Tips Authority for Wales is a relevant authority in relation to its functions under the Disused Mine and Quarry Tips (Wales) Act [2025].”

Commencement Information

I21 Sch. 1 para. 21 in force at 1.4.2027, see s. 92(2)

Government of Wales Act 2006 (c. 32) E+W

22 In section 148 of the Government of Wales Act 2006 (meaning of “Welsh public records”), after subsection (2)(ca) insert—

“(cb) the Disused Tips Authority for Wales,”.

Commencement Information

I22 Sch. 1 para. 22 in force at 1.4.2027, see s. 92(2)

Welsh Language (Wales) Measure 2011 (nawm 1) E+W

23 In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc.: standards), in the table, under the heading “General”, after the entry for the Disabled Persons Transport Advisory Committee insert—

“The Disused Tips Authority for Wales (“Awdurdod Tomenni Nas Defnyddir Cymru”)

Service delivery standards Policy making standards Operational standards Record keeping standards”.

Commencement Information

I23 Sch. 1 para. 23 in force at 1.4.2027, see s. 92(2)

Well-being of Future Generations (Wales) Act 2015 (anaw 2) E+W

24 (1) In section 6 of the Well-being of Future Generations (Wales) Act 2015 (meaning of public body), after subsection (1)(l) insert—

“(la) the Disused Tips Authority for Wales;”.

(2) Section 9 of the Well-being of Future Generations (Wales) Act 2015 (other public bodies’ well-being objectives) is to be read in relation to the Authority as if for subsection (2)(a) there were substituted—

“(a) no later than the end of the financial year after the financial year in which the Disused Tips Authority for Wales is established, and”.

Commencement Information

I24 Sch. 1 para. 24 in force at 1.4.2027, see s. 92(2)

(introduced by sections 33(5) and 50(8))

SCHEDULE 2 E+W CLAIMS FOR COMPENSATION BY OWNERS AND CONTRIBUTORIES

1 (1) This Schedule applies to an owner of land if— E+W

(a) the Authority has carried out operations on the land under section 44, or has carried out investigations under section 55 that resulted in the carrying out of the operations,

(b) the owner has claimed compensation from the Authority under this Act, and

(c) either—

(i) no contribution order has been made in respect of the expenses that the owner otherwise has to bear in respect of the carrying out of those operations or investigations, or

(ii) one or more such orders have been made but the specified percentage or, as the case may be, the aggregate of the specified percentages is less than 100.

(2) This Schedule applies to a contributory if—

(a) the expenses in respect of which a contribution may be claimed under section 51 or 53 include expenses incurred in carrying out any operations or investigations referred to in section 53(1) or (2), and

(b) the contributory has claimed compensation from an owner of land or the Authority under this Act.

(3) For the purposes of sub-paragraph (1), investigations are to be treated as having resulted in the carrying out of operations if, within 12 months beginning with the day after the completion of the investigations, the Authority started to carry out the operations.

Commencement Information

I25 Sch. 2 para. 1 not in force at Royal Assent, see s. 92(3)

2 (1) Where this Schedule applies to an owner of land, the owner is not entitled to enforce the claim for compensation, otherwise than by way of set-off against a sum demanded from the owner by the Authority under section 53, until the end of 12 months beginning with the day on which the operations referred to in paragraph 1 were completed. E+W

(2) But where—

(a) the Authority gives the owner of the land a demand under section 53(4), and

(b) the amount recoverable by virtue of that demand (having regard to any application made by the owner under section 54) is less than the amount of the owner’s claim for compensation from the Authority,

sub-paragraph (1) does not apply to proceedings brought by the owner to recover the balance of that compensation from the Authority.

Commencement Information

I26 Sch. 2 para. 2 not in force at Royal Assent, see s. 92(3)

3 (1) Where this Schedule applies to a contributory, the contributory is not entitled to enforce the claim for compensation, otherwise than by way of set-off against any sum demanded from the contributory under section 51 or 53, until the end of the relevant period. E+W

(2) But where—

(a) the contributory is given a demand for a contribution under section 51 or 53, and

(b) the amount recoverable by virtue of that demand (having regard to any application made under section 52 or 54) is less than the amount of the contributory’s claim for compensation from the person who gave the demand,

sub-paragraph (1) does not apply to proceedings brought by the contributory to recover the balance of the compensation from that person.

(3) For the purposes of this paragraph, the “relevant period” is—

(a) in relation to a claim by a contributory for compensation recoverable from an owner of land, 12 months beginning with the day on which the owner completed the operations referred to in paragraph 1(2)(a);

(b) in relation to a claim by a contributory for compensation recoverable from the Authority—

(i) where the expenses in respect of which a contribution may be claimed from the contributory fall within section 53(1), 12 months beginning with day on which the operations referred to in that section were completed;

(ii) where the expenses in respect of which a contribution may be claimed from the contributory fall within section 53(2), 12 months beginning with day on which the investigations referred to in that section were completed.

Commencement Information

I27 Sch. 2 para. 3 not in force at Royal Assent, see s. 92(3)

4 E+W In this Schedule, references to operations include works of reinstatement consequential on those operations.

Commencement Information

I28 Sch. 2 para. 4 not in force at Royal Assent, see s. 92(3)

5 E+W In the case of an owner of land or contributory to whom this Schedule applies, the person’s cause of action to recover the compensation referred to in paragraph 1 is to be regarded, for the purposes of section 9 of the Limitation Act 1980 (c.58), as having accrued—

(a) at the end of the period referred to in paragraph 2(1) or 3(1), whichever is applicable, or

(b) if paragraph 2(2) or 3(2) applies, on the date on which the demand referred to in the applicable paragraph was given.

Commencement Information

I29 Sch. 2 para. 5 not in force at Royal Assent, see s. 92(3)

(introduced by section 51(7))

SCHEDULE 3 E+W MODIFICATIONS OF SECTIONS 51 AND 52 WHERE A NOTICE UNDER SECTION 35 IS CANCELLED

1 E+W Where the Authority has cancelled a notice given to an owner of land under section 35, sections 51 and 52 have effect with the modifications specified in this Schedule.

Commencement Information

I30 Sch. 3 para. 1 not in force at Royal Assent, see s. 92(3)

2 E+W A reference in those sections to operations carried out in compliance with the notice under section 35 is to be interpreted as a reference to operations so carried out before the notice was cancelled.

Commencement Information

I31 Sch. 3 para. 2 not in force at Royal Assent, see s. 92(3)

3 (1) In determining, for the purpose of sections 51 and 52, the amount of the expenses reasonably incurred by the owner of the land in carrying out the operations, deduct any sum that— E+W

(a) is recoverable (or has been recovered) by the owner from the Authority by virtue of a direction under section 43, and

(b) is referable to expenditure incurred by the owner in consequence of the giving of the notice under section 35.

(2) No sum is recoverable by the owner of land under section 51 in respect of expenses incurred by the owner in carrying out works of reinstatement.

Commencement Information

I32 Sch. 3 para. 3 not in force at Royal Assent, see s. 92(3)

4 E+W Where, by virtue of a direction under section 43, the owner of land is entitled to recover (or has recovered) a sum from the Authority in respect of the expenditure incurred by the owner in consequence of the giving of a notice under section 35—

(a) a demand under section 51(4) must specify the total sum recoverable (or recovered) by virtue of the direction, distinguishing between—

(i) the part referable to expenditure incurred in consequence of the giving of the notice under section 35, and

(ii) the part referable to expenditure incurred by the owner that is attributable to the cancellation of the notice;

(b) the reference in section 51(5) to the total amount in respect of which the contribution is claimed is to be interpreted as a reference to the amount in respect of which the contribution could have been claimed if no direction had been given;

(c) an application may be made under section 52 on the ground that the amount claimed in the demand does not make proper allowance for a sum that must be deducted by virtue of paragraph 3.

Commencement Information

I33 Sch. 3 para. 4 not in force at Royal Assent, see s. 92(3)