Part 4Impact of and adaptation to climate change

Reporting authorities: devolved Welsh functions

66Guidance by Welsh Ministers to reporting authorities

The Welsh Ministers may issue guidance to reporting authorities about—

a

assessing the current and predicted impact of climate change in relation to the authorities' devolved Welsh functions,

b

preparing proposals and policies for adapting to climate change in the exercise of those functions, and

c

co-operating with other reporting authorities for that purpose.

67Directions by Welsh Ministers to prepare reports

1

The Welsh Ministers may direct a reporting authority to prepare a report containing any of the following—

a

an assessment of the current and predicted impact of climate change in relation to the authority's devolved Welsh functions;

b

a statement of the authority's proposals and policies for adapting to climate change in the exercise of those functions and the time-scales for introducing those proposals and policies;

c

an assessment of the progress made by the authority towards implementing the proposals and policies set out in its previous reports.

2

The Welsh Ministers may direct two or more reporting authorities to prepare a joint report.

3

The Welsh Ministers may give directions about—

a

the time within which a report must be prepared, and

b

its content,

and may, in particular, require it to cover a particular geographical area.

68Compliance with Welsh Ministers' directions

1

A reporting authority must comply with any directions under section 67.

2

Where two or more reporting authorities are directed to prepare a joint report, they must take reasonable steps to co-operate with each other for that purpose.

3

In preparing a report, a reporting authority must have regard to the following, so far as relevant—

a

the most recent report under section 56 (report on impact of climate change);

b

the most recent programme under section 58 (programme for adaptation to climate change);

c

any guidance issued by the Secretary of State under section 61;

d

any guidance issued by the Welsh Ministers under section 66;

e

the most recent report under section 80 (report on climate change: Wales).

4

The authority must send a copy of the report to the Welsh Ministers.

5

The Welsh Ministers must publish the report in such manner as they consider appropriate.

6

This does not require the Welsh Ministers to publish—

a

information they could refuse to disclose in response to a request under—

i

the Freedom of Information Act 2000 (c. 36), or

ii

the Environmental Information Regulations 2004 (S.I. 2004/3391) or any regulations replacing those regulations;

b

information whose disclosure is prohibited by any enactment.

7

The authority must have regard to the report in exercising its devolved Welsh functions.

69Consent of, or consultation with, Secretary of State

1

The Welsh Ministers must obtain the consent of the Secretary of State before issuing guidance under section 66 or giving a direction under section 67 relating to functions in relation to which—

a

functions are exercisable by a Minister of the Crown jointly with the Welsh Ministers, the First Minister or the Counsel General, or

b

functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of a Minister of the Crown.

2

The Welsh Ministers must consult the Secretary of State before issuing guidance under section 66 or giving a direction under section 67 relating to functions in relation to which—

a

functions are exercisable by a Minister of the Crown other than jointly with the Welsh Ministers, the First Minister or the Counsel General, or

b

functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General only after consultation with a Minister of the Crown.