Amendments to Part 2 of Schedule 5 to the 2006 Act3

1

Paragraph A17 of Part 2 of Schedule 5 to the 2006 Act is amended in accordance with this article.

2

Before the heading “Highways and transport (field 10 of Part 1)” insert—

Economic development (field 4 of Part 1)

1

Generation of electricity at generating stations whose construction, extension or operation requires—

a

the consent of the Secretary of State, or

b

the authority of an order granting development consent under the Planning Act 2008,

and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.

2

Transmitting, distributing or supplying electricity.

3

Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

4

Nuclear energy and nuclear installations, including—

a

nuclear safety, and

b

liability for nuclear occurrences,

but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 19658

3

Under the heading “Highways and transport (field 10 of Part 1)”—

a

after paragraph (1) insert—

1A

Road freight transport services, including goods vehicles operating licensing.

b

for paragraph (2) substitute—

2

Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—

a

regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment, and

b

regulation relating to matter 10.1.

For the purpose of this paragraph, “relevant vehicles” means motor vehicles, mobile machinery and agricultural and forestry tractors.

c

after paragraph (14) insert—

14A

Aviation, air transport, airports and aerodromes, apart from—

a

financial assistance to providers or proposed providers of air transport services or airport facilities or services,

b

strategies by the Welsh Ministers or local or other public authorities about provision of air services, and

c

regulation of the use of aircraft carrying animals for the purpose of protecting—

i

human health, apart from the health of persons in aircraft,

ii

animal, fish or plant health, or

iii

the environment.

d

for paragraph (15) substitute—

15

Shipping, apart from—

a

financial assistance for shipping services to, from or within Wales, and

b

regulation of the use of vessels carrying animals for the purposes of protecting—

i

human health, apart from the health of persons on vessels,

ii

animal, fish or plant health, or

iii

the environment.

e

for paragraph (18) substitute—

18

Harbours, docks, piers and boatslips, apart from—

a

those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and

b

regulation for the purposes of protecting human, animal, fish or plant health or the environment.

19

Carriage of dangerous goods, including transport of radioactive material.

4

After the exceptions listed under the heading “Social Welfare (field 15 of Part 1)” insert

Water and flood defence (field 19 of Part 1)

1

Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

2

Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 19919, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.