Town and Country Planning Act 1990

[F1 62H Developments of national significance: meaning of secondary consent E+W

(1) For the purposes of this Act, a “secondary consent” is—

(a) a consent that is required under legislation, or is given under legislation, and that relates to, or is given in connection with, the development or use of land in Wales, or

(b) a notice that is required by legislation to be given in relation to, or in connection with, the development or use of land in Wales,

and which, in either case, is of a description prescribed by regulations made by the Welsh Ministers.

(2) A description of consent or notice may be prescribed under subsection (1) only if—

(a) provision for that consent or notice would be within the legislative competence of the National Assembly for Wales, if the provision were contained in an Act of the National Assembly, and

(b) the consent or notice is one that legislation provides is to be given by a body exercising functions of a public nature (whether or not the body also exercises any other function).

(3) For the purposes of subsection (1)—

(a) references to a consent include references to a permit, certificate, licence or other authorisation;

(b) “legislation” means any of the following (whenever enacted or made)—

(i) an Act of Parliament;

(ii) a Measure or Act of the National Assembly for Wales;

(iii) subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an Act of Parliament or a Measure or Act of the National Assembly for Wales).]

Textual Amendments

F1 Ss. 62F-62H inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 20, 58(2)(b)(4)(b); S.I. 2016/52, art. 2(a)