Infrastructure (Wales) Act 2024

91 Procedure: changing and revoking infrastructure consent orders

(1) An application under section 90 must—

(a) be made in the form specified by regulations;

(b) be made in the way specified in the regulations;

(c) be accompanied by information of a kind specified by regulations.

(2) Where a person has an interest in some, but not all, of the land to which an infrastructure consent order relates, the person may make an application under section 90 only in respect of as much of the consent as order as affects the land in which the person has an interest.

(3) Regulations may make provision about the procedure for changing or revoking an infrastructure consent order and may (among other things) make provision about—

(a) the procedure to be followed before an application under section 90 is made;

(b) the making of such application;

(c) the decision-making process in relation to the exercise of the power conferred by section 90(1);

(d) the making of the decision as to whether to exercise the power conferred by section 90(1);

(e) the effect of a decision to exercise the power in section 90(1).

(4) Paragraphs (c) to (e) of subsection (3) apply in relation to the exercise of the power conferred by section 90(1)—

(a) on an application under section 90, or

(b) without an application being made (see section 90(6)).

(5) Regulations under subsection (3) may confer a function, including a function involving the exercise of a discretion, on any person.

(6) If an infrastructure consent order is changed or revoked in the exercise of the power conferred by section 90(1), the Welsh Ministers must give notice of the change or revocation to—

(a) the applicant or a successor in title of the applicant,

(b) the person who made the application under section 90 (if different to the person mentioned in paragraph (a)), and

(c) any person or person of a description specified in regulations.

(7) If an infrastructure consent order was required to be contained in a statutory instrument, an order changing or revoking the infrastructure consent order made in the exercise of the power conferred by section 90(1) must also be contained in a statutory instrument.