The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

Applications relating solely to Wales E+W+S

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).

(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).

(3) Where this rule applies—

(a) subject to sub-paragraph (b), references in these Rules to the Secretary of State, other than the reference in rule 7(3), shall be construed as references to the National Assembly for Wales;

(b) the reference to the Secretary of State in rule 23, 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;

(c) the references to Wales in rule 16(1)(a) and in paragraph 29 of Schedule 7 to these Rules, shall be construed as references to England;

(d) 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) except in so far as it relates to the Royal Commission on Ancient and Historical Monuments in Wales;

• paragraph 15(b);

• paragraph 16(b);

• paragraph 22(b); and

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