Part 10Wales
203Power to make provision in relation to Wales
1
The Welsh Ministers may by order make provision—
a
which has an effect in relation to Wales that corresponds to the effect an England-only provision has in relation to England;
b
conferring power on the Welsh Ministers to do anything in relation to Wales that corresponds to anything the Secretary of State has power to do by virtue of an England-only provision.
2
The England-only provisions are—
section 184 (correction of errors in decisions);
section 189 (compensation where development order or local development order withdrawn);
section 190 (power to make non-material changes to planning permission);
section 194(1) and Schedule 9 (use of land: power to override easements and other rights);
section 195 (applications and appeals by statutory undertakers);
section 196 and Schedule 10 (determination of procedure for certain proceedings);
paragraphs 2(3) and (4) and 3(3) of Schedule 7.
3
Before an England-only provision is brought into force—
a
the reference in subsection (1)(a) to the effect an England-only provision has is to be read as a reference to the effect the provision would have, if it were in force;
b
the reference in subsection (1)(b) to anything the Secretary of State has power to do by virtue of an England-only provision is to be read as a reference to anything the Secretary of State would have power to do by virtue of the provision, if it were in force.
4
The Welsh Ministers may by order make provision for the purpose of reversing the effect of any provision made in exercise of the power conferred by subsection (1).
5
The Secretary of State may make an order in consequence of an order under subsection (1) for the purpose of ensuring that an England-only provision continues to have (or will when brought into force have) the effect in relation to England that it would have had if the order under subsection (1) had not been made.
6
An order under this section may amend, repeal, revoke or otherwise modify a provision of—
a
an Act, or
b
an instrument made under an Act.
7
The powers of the Welsh Ministers to make orders under this section are exercisable by statutory instrument.
8
Those powers include—
a
power to make different provision for different purposes (including different areas);
b
power to make incidental, consequential, supplementary, transitional or transitory provision or savings.
9
No order may be made by the Welsh Ministers under this section unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.