- Latest available (Revised)
- Original (As enacted)
Wales Act 2017, Section 39 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)Section 15 of the Planning Act 2008 (generating stations) is amended as set out in subsections (2) to (6).
(2)In subsection (1), for ““or (3)”” substitute “ , (3), (3A) or (3B) ”.
(3)In subsection (2)(a) omit ““or Wales””.
(4)After subsection (3) insert—
“(3A)A generating station is within this subsection if—
(a)it is in Wales,
(b)it does not generate electricity from wind, and
(c)its capacity is more than 350 megawatts.
(3B)A generating station is within this subsection if—
(a)it is in waters adjacent to Wales up to the seaward limits of the territorial sea, or in the Welsh zone, and
(b)its capacity is more than 350 megawatts.”
(5)In subsection (4)—
(a)in paragraph (a) omit ““or Wales””;
(b)in paragraph (b), after ““except”” insert “ the Welsh zone or ”.
(6)After subsection (4) insert—
“(5)“"Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.”
(7)Section 36 of the Electricity Act 1989 (consent required for construction etc of generating stations) is amended as set out in subsections (8) to (11).
(8)In subsection (1), (4) and (5)(a), for ““Secretary of State”” substitute “ appropriate authority ”.
(9)In subsection (2)—
(a)in paragraph (a)—
(i)at the beginning insert “ in the case of a generating station otherwise than in Wales, ”;
(ii)at the end omit ““and””;
(b)in paragraph (b), after ““extended”” insert “ otherwise than in Wales ”;
(c)after paragraph (b) insert—
“(c)in the case of a generating station in Wales, does not exceed the devolved capacity, that is to say, 350 megawatts; and
(d)in the case of a generating station which is to be constructed or extended in Wales, will not exceed the devolved capacity when it is constructed or extended;”
(10)In subsection (7), for ““the Secretary of State”” substitute—
“(a)the Welsh Ministers, if they are the appropriate authority, or
(b)the Secretary of State, in all other cases.”
(11)After subsection (9) insert—
“(10)In this section “"appropriate authority”” means—
(a)the Scottish Ministers, in relation to a generating station in or to be constructed in Scotland;
(b)the Welsh Ministers, in relation to a generating station in or to be constructed in Welsh waters that—
(i)does not exceed the devolved capacity, that is to say, 350 megawatts;
(ii)in the case of a generating station which is to be constructed or extended, will not exceed the devolved capacity when constructed or extended;
(c)the Secretary of State, in all other cases.
(11)In this section—
“"Scotland”” has the same meaning as in section 32(2) (see section 32(3));
“"Welsh waters”” means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Wales, and the Welsh zone;
“"Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.”
(12)In section 36C of the Electricity Act 1989 (variation of consents under section 36), in subsection (6)—
(a)in the definition of ““appropriate authority””—
(i)after paragraph (a) insert—
“(ab)the Welsh Ministers, in a case where the section 36 consent relates to a generating station (or proposed generating station) in Welsh waters that does not or will not when constructed or extended exceed 350 megawatts;”;
(ii)in paragraph (b), at the end insert “ and does not relate to a generating station (or proposed generating station) in Welsh waters that does not or will not when constructed or extended exceed 350 megawatts ”;
(b)in the definition of ““regulations””, after paragraph (a) insert—
“(aa)the Welsh Ministers, in the case of section 36 consents relating to generating stations (or proposed generating stations) in Welsh waters that do not or will not when constructed or extended exceed 350 megawatts;”;
(c)in the definition of ““statutory provision””, after ““Scottish Parliament”” insert “ and an Act of the Assembly ”;
(d)at the end insert—
““"Welsh waters”” has the meaning given in section 36.”
(13)In section 90 of the Town and Country Planning Act 1990 (development with government authorisation), in subsections (2) and (2ZA), after ““the Secretary of State”” insert “ or the Welsh Ministers ”.
Commencement Information
I1S. 39(4)(6) in force for specified purposes at 31.3.2017, see s. 71(2)(e)
I2S. 39 in force at 1.4.2018 for specified purposes by S.I. 2017/1179, reg. 3(h)
I3S. 39 in force at 1.4.2019 in so far as not already in force by S.I. 2017/1179, reg. 5(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: