308Meaning of “the appropriate Minister” etc.(1)

In this Act “the appropriate Minister” means—

(a)

the Welsh Ministers in relation to—

(i)

a person carrying on a railway, light railway, tramway or road transport undertaking;

(ii)

a person carrying on a dock, harbour, pier or lighthouse undertaking, other than a harbour undertaking where the harbour is a reserved trust port or a cross-border harbour;

(iii)

a relevant airport operator, the Civil Aviation Authority or an air traffic licensee;

(iv)

a water undertaker, a sewerage undertaker or Natural Resources Wales;

(b)

the Secretary of State for Housing, Communities and Local Government in relation to a person carrying on a water transport, canal or inland navigation undertaking;

(c)

the Secretary of State for Transport in relation to a person carrying on a harbour undertaking where the harbour is a reserved trust port or a cross-border harbour;

(d)

the Secretary of State for Business and Trade in relation to a universal postal service provider;

(e)

the Secretary of State for Energy Security and Net Zero in relation to an electricity licensee, a gas transporter or a person carrying on an undertaking for the supply of hydraulic power;

(f)

the Secretary of State in relation to the Environment Agency.

(2)

References in this Act to the Welsh Ministers and the appropriate Minister are to be read—

(a)

in cases where the Welsh Ministers are not the appropriate Minister, as references to the Welsh Ministers and the appropriate Minister acting jointly;

(b)

in cases where the Welsh Ministers are the appropriate Minister, as references to the Welsh Ministers alone.

(3)

References in this Act to a government department and the appropriate Minister are to be read—

(a)

in cases where the government department is not the appropriate Minister, as references to the government department and the appropriate Minister acting jointly;

(b)

in cases where the government department is the appropriate Minister, as references to the government department alone.

(4)

If a question arises under this Act about who is or was the appropriate Minister in relation to a statutory undertaker, the question is to be determined by the Treasury.

(5)

Subsection (4) does not apply in relation to the Civil Aviation Authority, an air traffic licensee or a universal postal service provider.

(6)

In subsection (1)—

“cross-border harbour” (“harbwr trawsffiniol”) has the meaning given by section 34(5) of the Wales Act 2017 (c. 4);

“reserved trust port” (“porthladd ymddiriedolaeth a gedwir yn ôl”) has the meaning given by section 32 of the Wales Act 2017.