The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009

First condition

2.  The first condition is that the building falls within one of the following descriptions—

(a) a generating station whose construction, extension or operation requires or required the consent of the Secretary of State under section 36 of the Electricity Act 1989(1) or any ancillary development;

(b) a generating station whose construction or extension requires or required development consent;

(c) an electric line whose installation, or continued installation, above ground requires the consent of the Secretary of State under section 37 of the Electricity Act 1989 or any ancillary development;

(d) an electric line whose installation above ground requires or required development consent;

(e) a pipe-line whose construction requires or required authorisation under section 1(1) of the Pipe-lines Act 1962(2) or development consent; or

(f) a facility for the storage of gas underground in natural porous strata by a gas transporter or surface works or pipes associated with such a facility.

(1)

1989 c. 29. Part 1 includes interpretation provisions relevant to words and expressions used in the Schedule to this Order: see section 64(1) for the meaning of “electric line” and “generating station”, and section 36(9) for the meaning of “extension”. There have been extensive amendments to Part 1: see in particular the Utilities Act 2000 (c. 27), Part 4; the Energy Act 2004 (c. 20), Part 3; and the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 31 to 33.

(2)

1962 c. 58. See section 65 for the meaning of “pipe-line” and section 66 for the meaning of “construction”. There have been extensive amendments to the provisions about control of construction of pipe-lines: see in particular the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 5 and 6.