The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 E+W

4.—(1) The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 M1 are amended as follows.

(2) In regulation 4(4), for “in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive)” substitute “ in exceptional circumstances, without prejudice to regulations 56 and 57 ”.

(3) In regulation 51(a), for “another” substitute “ an ”.

(4) In regulation 53—

(a) in the heading and in paragraph (1)(a) and (b), for “another” substitute “ an ”;

(b) in paragraph (4)(a), for “the authorities referred to in Article 6(1) of the Directive” substitute “ authorities in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive ”; and

(c) in paragraph (5), omit “in accordance with Article 7(4) of the Directive”.

(5) In regulation 54—

(a) in the heading, for “another” substitute “ an ”;

(b) in paragraph (1)—

(i) for “another” substitute “ an ”;

(ii) omit “, pursuant to Article 7(1) or 7(2) of the Directive,”;

(iii) omit “, in accordance with Article 7(4) of the Directive”; and

(iv) in sub-paragraph (b), for “to the competent authority in that EEA State representations pursuant to Article 7(3)(b) of the Directive” substitute “ representations to the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive ”; and

(c) in paragraph (2)—

(i) in sub-paragraph (b), for “competent authority in the relevant EEA State” substitute “ the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive ”; and

(ii) in sub-paragraph (c), for “competent authority of the relevant EEA State” substitute “ the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive ”.

(6) In Schedule 1, in paragraphs 21 and 22, after “pursuant to” in both places it occurs, insert “ Chapter 3 of Part 1 of the Energy Act 2008 M2 and any law which implemented ”.

(7) In Schedule 2, in the table in paragraph 2 in item 3(j), after “pursuant to” insert “ Chapter 3 of Part 1 of the Energy Act 2008 and any law which implemented ”.

(8) In Schedule 3, in paragraph 2(c)—

(a) in paragraph (v)—

(i) after “under Member States' legislation” insert “ or under the legislation of any part of the UK, ”;

(ii) omit “by Member States”; and

(iii) for “pursuant to” substitute “ under EU-derived domestic legislation which transposed ”; and

(b) in paragraph (vi), for “EU legislation” substitute “ retained EU law ”.

(9) In Schedule 5, in paragraph 12(a), for “another” substitute “ an ”.

(10) In Schedule 6, in paragraph 15(b), for “another” substitute “ an ”.

Commencement Information

I1 Reg. 4(1)(2)(3)(4)(5)(a)(b)(i)-(iii)(6)-(10) in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

I2 Reg. 4(5)(b)(iv)(c) in force at 6.3.2019, see reg. 1(3)

Marginal Citations

M1 S.I. 2016/58 (W. 28). Revoked by S.I. 2017/567 (W. 136) but saved for certain purposes by regulation 65 of those Regulations.

M2 2008 c. 32.