Part 4

Impact of and adaptation to climate change

Reporting authorities: devolved Welsh functions

Guidance by Welsh Ministers to reporting authorities
66
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.

Directions by Welsh Ministers to prepare reports
67
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.

Compliance with Welsh Ministers' directions
68
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.

Consent of, or consultation with, Secretary of State
69
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.