The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000

Applications relating solely to Wales

28.—(1) This rule applies where an application for an order to be made under section 1 or 3, or a proposal to make an order under section 7(1)(b) or (c), relates solely to any matter specified in paragraph (2) below(1).

(2) The specified matters are—

(a) the construction or operation of a transport system in Wales;

(b) the construction or operation of an inland waterway in Wales;

(c) the carrying out of works which interfere with rights of navigation within Wales or in the territorial sea adjacent to Wales; and

(d) any works or other matters which would be carried out, or occur wholly, in Wales, or which would affect only Wales, and which are ancillary to any of the matters specified in sub-paragraphs (a) to (c) above.

(3) Where this rule applies, these Rules shall have affect in relation to the application or proposal in question as modified by paragraphs (4) to (7) below.

(4) Subject to paragraph (5) below, references in these Rules to the Secretary of State, other than the reference in rule 3(1) above, shall be construed as references to the National Assembly for Wales.

(5) In rule 24 above, the reference to the Secretary of State, in so far as it relates to paragraph (1)(d) of that rule, shall be construed as a reference to the Secretary of State and the National Assembly for Wales but otherwise shall be construed as a reference only to the Assembly.

(6) The following provisions in column (2) in Schedule 2 to these Rules shall not apply—

• paragraph 1(a);

• paragraph 5(b);

• paragraph 7(b);

• paragraph 9(b);

• paragraph 13(b);

• paragraph 14(b);

• paragraph 15(b); and

• paragraph 19(b).

(7) The following provisions in column (2) in Schedule 5 to these Rules shall not apply—paragraph 1(a);

• paragraph 5(b);

• paragraph 8(b);

• paragraph 14(b);

• paragraph 15(b);

• paragraph 16(b); and

• paragraph 22(b).

(8) In Schedule 6 to these Rules, in column (2), paragraph 6(i)(b) shall not apply.

(9) In Schedule 8 to these Rules, paragraph 7(d) shall not apply.

(1)

Certain of the functions of the Secretary of State under sections 1 and 3 of the Transport and Works Act 1992 in relation to cases relating solely to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 to that Order that relates to the Transport and Works Act 1992.