Part 3

Planning
Chapter 1

Planning data

Requirements to consult devolved administrations
89
1
The Secretary of State may only make planning data regulations which contain provision—
a
within Scottish devolved legislative competence, or
b
which could be made by the Scottish Ministers,
with the consent of the Scottish Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
2
The Secretary of State may only make planning data regulations which contain provision that confers a function on, or modifies or removes a function of, the Scottish Ministers after consulting the Scottish Ministers, unless—
a
that provision is contained in regulations which require the consent of the Scottish Ministers by virtue of subsection (1), or
b
that provision is merely incidental to, or consequential on, provision that would be outside Scottish devolved legislative competence.
3
Provision is “within Scottish devolved legislative competence” where, if the provision were included in an Act of the Scottish Parliament, it would be within the legislative competence of that Parliament.
4
The Secretary of State may only make planning data regulations which contain provision within Welsh devolved legislative competence with the consent of the Welsh Ministers, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
5
The Secretary of State may only make planning data regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—
a
that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (4), or
b
that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.
6
“Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
7
Provision is “within Welsh devolved legislative competence” where, if the provision were included in an Act of Senedd Cymru, it would be within the legislative competence of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown).
8
The Secretary of State may only make planning data regulations which contain provision within Northern Ireland devolved legislative competence with the consent of the relevant Northern Ireland department, unless that provision is merely incidental to, or consequential on, provision that would be outside that devolved legislative competence.
9
The Secretary of State may only make planning data regulations which contain provision that could be made by a Northern Ireland department or that confers a function on, or modifies or removes a function of, a Northern Ireland department after consulting the relevant Northern Ireland department, unless—
a
that provision is contained in regulations which require the consent of the relevant Northern Ireland department by virtue of subsection (8), or
b
that provision is merely incidental to, or consequential on, provision that would be outside Northern Ireland devolved legislative competence.
10
The “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.
11
Provision is within “Northern Ireland devolved legislative competence” where the provision—
a
would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and
b
would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State.
12
In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.
S. 89 not in force at Royal Assent, see s. 255(3)(b)
S. 89 in force at 31.3.2024 by S.I. 2024/389, reg. 2(d)
Pt. 3 Ch. 1: functions in part to be exercisable concurrently by the Secretary of State and the Scottish Ministers (6.2.2025) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2025 (S.I. 2025/135), arts. 1(1), 3 (with art. 4(1))