PART 2 —

ESTABLISHMENT AND GENERAL FUNCTIONS

Further provisions about directions
11A
1
A direction under article 11 must be in writing.
2
The Welsh Ministers or the Secretary of State (as the case may be) must publish any direction given to the Body—
a
under article 11;
b
under any other enactment for the purpose of—
i
securing that any
assimilated
obligation is met, or
ii
the implementation of any international obligation of the United Kingdom,
as soon as reasonably practicable after giving the direction, and must make copies available on request.
3
The power to give directions under article 11 includes power to vary or revoke the directions.
4
Paragraph (4A) applies if the Welsh Ministers or the Secretary of State vary or revoke any direction given to the Body (whether under article 11 or under any other enactment) for the purpose of—
a
securing that any
assimilated
obligation is met, or
b
the implementation of any international obligation of the United Kingdom.
4A
Where this paragraph applies, the person making the variation or revocation must—
a
publish the variation or revocation as soon as reasonably practicable;
b
make copies of the variation or revocation available on request.
5
The Body and any person exercising functions of the Body must comply with any direction given to the Body under article 11 or any other enactment.
6
In determining—
a
any appeal against, or reference or review of, a decision of the Body, or
b
any application transmitted from the Body,
the person making the determination is bound by any direction given to the Body under article 11 or any other enactment to the same extent as the Body.
Art. 11A inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 1 para. 13 (with Sch. 7)
Art. 11A applied (10.4.2017) by The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017 (S.I. 2017/407), regs. 1(a), 36(4) (with reg. 1(c))
Art. 11A(4)(4A) substituted for art. 11A(4) (31.12.2020) by The Environment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1215), regs. 1(2), 2(4)
Art. 11A(2)(b) substituted (31.12.2020) by The Environment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1215), regs. 1(2), 2(3)
Word in art. 11A(2)(b)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332), regs. 1(2), 15(3)(a)
Word in art. 11A(4)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Wales) Regulations 2023 (S.I. 2023/1332), regs. 1(2), 15(3)(b)