The Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002

Statutory Instruments

2002 No. 1965

TRANSPORT AND WORKS, ENGLAND AND WALES

TRANSPORT, ENGLAND AND WALES

CANALS AND INLAND WATERWAYS, ENGLAND AND WALES

The Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002

Made

24th July 2002

Laid before Parliament

25th July 2002

Coming into force

22nd August 2002

The Secretary of State, in exercise of the powers conferred on him by section 6(4) and (5) of the Transport and Works Act 1992(1) and of all other powers enabling him in that behalf, and with the agreement of the National Assembly for Wales(2), hereby makes the following Rules:—

1.  These Rules may be cited as the Transport and Works (Applications and Objections Procedure) (England and Wales) (Amendment) Rules 2002 and shall come into force on 22nd August 2002.

2.  The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000(3) are amended as follows.

3.  In Schedule 7, Part I—

(a) in paragraph 3(A), in column (2) the words “or an inland waterway—” shall be deleted and “, an inland waterway or a wind farm—” shall be inserted;

(b) at the end of paragraph 3, in column (2) shall be inserted—

“(C) Where the works to be constructed would form part of a wind farm—

• for a wind farm comprising up to 30 wind turbines, £20,000; and

• for a wind farm comprising 31 or more wind turbines, £20,000 for the first 30 wind turbines plus £500 for each additional wind turbine.”.

4.  In Schedule 7, Part II, after the definition of “proposal” shall be inserted—

““wind farm” means an electricity generating station driven by wind; and

“wind turbine” means a turbine driven by wind;”.

Signed by the authority of the First Secretary of State

Jeff Rooker

Minister of State,

Office of the Deputy Prime Minister

24th July 2002

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000 (S.I. 2000/2190) to make specific provision for the fees payable for applications relating to wind farms.

A Regulatory Impact Assessment has been prepared in relation to these Rules. It has been placed in the library of each House of Parliament and copies may be obtained from the TWA Processing Unit, Office of the Deputy Prime Minister, Zone 3/11, Great Minster House, 76 Marsham Street, London SW1P 4DR (Telephone [phone]).

(1)

1992 c. 42 as amended by S.I. 1995/1541, S.I. 1998/2226 and S.I. 2000/3199.

(2)

For the requirement for agreement to the exercise of functions in relation to Wales, see article 15(1) of and Schedule 2 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 and the entry in Schedule 2 relating to the Transport and Works Act 1992.

(3)

S.I. 2000/2190.