Regulations under TCPA 1990E+W
3E+WIn section 333 of TCPA 1990 (regulations and orders), after subsection (3A) insert—
“(3B)Subsection (3) does not apply to a statutory instrument containing regulations made by the Welsh Ministers.
(3C)A statutory instrument containing regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3D)Subsection (3C) does not apply to a statutory instrument if—
(a)it contains only regulations under section 88(7),
(b)it contains (whether alone or with other provision) regulations under section 315, or
(c)it is within subsection (3F).
(3E)The Welsh Ministers may not make a statutory instrument within subsection (3F) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.
(3F)A statutory instrument is within this subsection if it contains (whether alone or with other provision) regulations under—
(a)section 9, if the regulations include provision amending an Act of Parliament or an Act or Measure of the National Assembly for Wales;
(b)section 62D(3);
(c)section 62H;
(d)section 116;
(e)section 303;
(f)section 303ZA;
(g)section 316, if the regulations relate to land of the Welsh Ministers or to the development of land by the Welsh Ministers;
(h)section 319ZB.”
4(1)TCPA 1990 is further amended as follows.E+W
(2)In section 116 (modification of compensation provisions in respect of mineral working etc)—
(a)in subsection (3), after “shall be made” insert “ by the Secretary of State ”;
(b)in subsection (4)—
(i)after “Secretary of State” insert “ or (as the case may be) the Welsh Ministers ”;
(ii)after “him” insert “ or them ”.
(3)In section 202A (tree preservation regulations: general), which is inserted by section 192(7) of the Planning Act 2008 (c. 29), omit subsections (6) and (7).
(4)In section 208 (appeals against notices under section 207), omit subsections (4B) and (4C).
(5)In section 303 (fees for planning applications etc)—
(a)in subsection (8)—
(i)after “under this section” insert “ by the Secretary of State ”;
(ii)omit the words after “each House of Parliament”;
(b)omit subsection (9).
(6)In section 303ZA (fees for appeals), which is inserted by section 200 of the Planning Act 2008—
(a)in subsection (6)—
(i)after “under this section” insert “ by the Secretary of State ”;
(ii)omit the words after “each House of Parliament”;
(b)omit subsection (7).
(7)In section 321B (special provision in relation to planning inquiries: Wales), omit subsection (6).