Planning (Wales) Act 2026

Prospective

317 Orders to extend or modify statutory undertakers’ functions E+W

(1) This section applies where the Welsh Ministers and the appropriate Minister consider—

(a) on a representation made by a statutory undertaker, that the undertaker’s functions should be extended or modified to—

(i) secure the provision of services that would not otherwise be provided, or satisfactorily provided, for any purpose for which a local authority or a government department may make a relevant acquisition, or

(ii) facilitate an adjustment to the carrying on of its undertaking, where the adjustment is made necessary by an act or event mentioned in subsection (4), or

(b) on a representation made by a local authority or a government department that a statutory undertaker’s functions should be extended or modified to secure the provision of new services, or the extension of existing services, for any purpose for which the authority making the representation may make a relevant acquisition.

(2) The Welsh Ministers and the appropriate Minister may by order provide for such an extension or modification of the undertaker’s functions as they consider necessary to secure the provision or extension of the services or to facilitate the adjustment.

(3) An order may be made in accordance with the representation mentioned in subsection (1) or with modifications.

(4) The acts and events referred to in subsection (1)(a)(ii) are—

(a) a decision on an application made by the statutory undertaker for planning permission to develop any land that was used, or in which the undertaker held an interest, for the purpose of carrying on its undertaking;

(b) the modification or revocation of planning permission granted on such an application;

(c) the making of a discontinuance order in relation to any land mentioned in paragraph (a);

(d) a relevant acquisition of any such land;

(e) the extinguishment of a right or the imposition of a requirement by virtue of a notice under section 314 or an order under section 315.

(5) An order under this section—

(a) may confer power on the statutory undertaker—

(i) to acquire (whether compulsorily or by agreement) any land specified in the order, and

(ii) to erect any buildings, or to construct any works, specified in the order;

(b) may apply, in relation to the exercise of such a power, any enactment relating to the acquisition of land or construction of works;

(c) may, if it is made to secure the provision or extension of services, make provision for giving effect to financial arrangements—

(i) that are to be agreed between the statutory undertaker and a local authority or the Welsh Ministers, or

(ii) that, in the absence of agreement, are to be determined in a way, and by a tribunal, specified in the order;

(d) may make incidental or supplementary provision.

(6) Subsection (5) does not limit what may be provided for in an order under this section.

(7) Where—

(a) an order under this section extends or modifies the powers and duties of a statutory undertaker, and

(b) a local authority makes a payment to the undertaker in accordance with financial arrangements to which the order gives effect under subsection (5)(c),

the Welsh Ministers may direct another local authority to contribute an amount that the Welsh Ministers consider reasonable, having regard to any benefit accruing to that other authority as a result of the order.

(8) Part 2 of Schedule 18 makes further provision in connection with orders under this section.

(9) The definition of “relevant acquisition” in section 274 applies for the purposes of this section but as if section 274(4)(b) were omitted.

(10) In subsections (1), (5) and (7) and paragraph 3(1) of Schedule 18, “local authority” includes—

(a) a local authority, within the meaning given by section 336(1) of the Town and Country Planning Act 1990 (c. 8), for an area in England, and

(b) a National Park authority for a National Park in England.

Commencement Information

I1 S. 317 not in force at Royal Assent, see s. 409(2)