Planning (Wales) Act 2026

407 Regulations E+W

(1) A power to make regulations under any provision of this Act (except section 306) is exercisable by the Welsh Ministers.

(2) The power to make regulations under section 306 (operational land of universal postal service providers) is exercisable by the Welsh Ministers and the Secretary of State for Business and Trade acting jointly.

(3) A power to make regulations under this Act includes power—

(a) to make different provision for different purposes;

(b) to make incidental, supplementary, consequential, transitional or saving provision.

(4) In the case of regulations made under the powers mentioned in subsection (5), the provision that may be made by virtue of subsection (3)(b) includes provision that disapplies, modifies the effect of, amends, repeals or revokes any enactment, including any provision of this Act.

(5) The powers referred to in subsection (4) are the powers conferred on the Welsh Ministers by—

(a) Part 2 (the development plan);

(b) Chapter 2 of Part 6 (CIL regulations);

(c) section 360 (fees for exercise of planning authority functions);

(d) section 364 (fees for applications and appeals to the Welsh Ministers);

(e) section 366(10) (proceedings for which the Welsh Ministers must determine the procedure);

(f) Chapter 4 of Part 14 (correction of decisions of the Welsh Ministers).

(6) Regulations under this Act (except regulations under section 306) must be made by Welsh statutory instrument.

(7) The following regulations are subject to the Senedd approval procedure—

(a) regulations under section 9 (joint planning areas and National Parks);

(b) regulations under paragraph 1(9) of Schedule 3 (aftercare period);

(c) regulations under paragraph 1(4) of Schedule 5 (duration of minerals permissions);

(d) CIL regulations;

(e) regulations under section 305 (operational land of Civil Aviation Authority);

(f) regulations under section 360 (fees for exercise of planning authority functions);

(g) regulations under section 362 (size and composition of planning authority committees);

(h) regulations under section 364 (fees for applications and appeals to the Welsh Ministers);

(i) regulations under section 366(10) (proceedings for which the Welsh Ministers must determine the procedure);

(j) regulations under section 394 (compensation for orders relating to minerals);

(k) regulations under section 405 that relate to the development of land by the Welsh Ministers or to land in which the Welsh Ministers have an interest;

(l) regulations under any other provision of this Act (except section 306) that amend or repeal any enactment contained in primary legislation (including any provision of this Act).

(8) Any other regulations under this Act (except regulations under section 306) are subject to the Senedd annulment procedure.

(9) Regulations under section 306—

(a) must be made by statutory instrument,

(b) are subject to the Senedd approval procedure, and

(c) may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of the Parliament of the United Kingdom.

(10) In subsection (7)(l) “primary legislation” means—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

(c) an Act of the Parliament of the United Kingdom.

Commencement Information

I1 S. 407 in force at 28.4.2026, see s. 409(1)(c)