The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019

Interpretation E+W

2.—(1) In these Regulations—

“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990 M1 ;

“the Applications for Consent Regulations” (“y Rheoliadau Ceisiadau am Gydsyniad”) means the Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019 M2 ;

“the Variation of Consents Regulations” (“y Rheoliadau Amrywio Cydsyniadau”) means the Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019 M3 ;

“additional inspector” (“arolygydd ychwanegol”) means an inspector appointed by the Welsh Ministers under regulation7(2)(a);

“applicant” (“ceisydd”) means the person making an application or variation application;

“application” (“cais”) means, except where the context requires otherwise, an application to the Welsh Ministers for consent under section 36 M4 to construct, extend or operate a generating station M5 , together with any application under section 36A M6 for a declaration relating to rights of navigation which is made with the application under section 36;

“assessor” (“asesydd”) means a person appointed by the Welsh Ministers to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Welsh Ministers may specify;

“by local advertisement” (“drwy hysbyseb leol”) in relation to a notice, means by publication of the notice in at least one newspaper such that the notice is likely to come to the attention of those likely to be affected by the consent applied for if given;

“document” (“dogfen”) includes a photograph, map or plan;

“electronic communication” (“cyfathrebiad electronig”) has the same meaning as in section 15(1) of the Electronic Communications Act 2000 M7 ;

“inquiry” (“ymchwiliad”) means an inquiry in relation to which these Regulations apply; and where an inquiry is conducted by means of concurrent sessions, it includes any such session;

“inspector” (“arolygydd”) includes a lead inspector and an additional inspector;

“interested authority” (“awdurdod â buddiant”) means any local planning authority in Wales upon whom the applicant has served notice of the application in accordance with regulation 5 of the Applications for Consent Regulations;

“lead inspector” (“arolygydd arweiniol”) means a person appointed by the Welsh Ministers to hold an inquiry or a re-opened inquiry;

“local planning authority” (“awdurdod cynllunio lleol”) has the same meaning as in Part I of the 1990 Act;

“mediator” (“cyfryngwr”) means a person appointed by the Welsh Ministers under regulation 9;

“outline statement” (“datganiad amlinellol”) means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

“person entitled to appear” (“person sydd â hawl i ymddangos”) means a person described in regulation 17(1), and cognate expressions are to be construed accordingly;

“place” (“lle”) means, unless the context otherwise requires, the place to which an inquiry relates, that is, the place where—

(a)

it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated; and

(b)

any section 90 development will be situated;

“pre-inquiry meeting” (“cyfarfod rhagymchwiliad”) means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held about the same inquiry, references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

“qualifying objector” (“gwrthwynebydd cymwys”) means—

(a)

where the Welsh Ministers have caused an inquiry to be held under regulation 9(1) or 10 of the Applications for Consent Regulations, anyone who objected to the application by the date and in the manner provided for in regulation 8(1) of those Regulations;

(b)

where the Welsh Ministers have caused an inquiry to be held under regulation 6 of the Variation of Consent Regulations, any person who made representations objecting to the variation application by the date provided for in regulation 5(6)(b)(iii) of those Regulations,

and whose objection has not been withdrawn;

“qualifying planning authority” (“awdurdod cynllunio cymwys”) means—

(a)

where the Welsh Ministers have caused an inquiry to be held under regulation 9(1) of the Applications for Consent Regulations, any relevant planning authority who has objected to the application in accordance with regulation 8(2) of those Regulations and whose objection has not been withdrawn;

(b)

where the Welsh Ministers have caused an inquiry to be held under regulation 6 of the Variation of Consents Regulations, any relevant planning authority, if they have made representations (which have not been withdrawn) objecting to a variation application;

“registration form” (“ffurflen gofrestru”) means a form for completion by persons who wish to participate in the inquiry;

“relevant notice” (“hysbysiad perthnasol”) means the Welsh Ministers' written notice under regulation 4(1);

“relevant planning authority” (“awdurdod cynllunio perthnasol”) in the case of—

(a)

an inquiry into an application, has the same meaning as in regulation 2(1) of the Applications for Consent Regulations;

(b)

an inquiry into a variation application, has the same meaning as in regulation 2 of the Variation of Consents Regulations;

“section 90 development” (“datblygiad adran 90”) means any development in respect of which an applicant, on making an application or variation application, requests the Welsh Ministers to give a direction under section 90(2) or (2ZA) of the 1990 Act M8 (deemed planning permission for development with government authorisation);

“statement of case” (“datganiad achos”) means a written statement which contains—

(a)

full particulars of the case which a person proposes to put forward at an inquiry;

(b)

a list of any documents which that person intends to refer to or put in evidence;

(c)

a list of the individuals whom that person proposes to call as witnesses; and

(d)

the subject-matter of the evidence of each such witness;

“statement of common ground” (“datganiad tir cyffredin”) means a written statement prepared jointly by the relevant planning authority (where it is a local planning authority in Wales) and the applicant, which contains agreed factual information about the proposal which is the subject of the application or the variation application;

“technical adviser” (“cynghorydd technegol”) means a person appointed by the Welsh Ministers under regulation 8;

“variation application” (“cais i amrywio”) has the same meaning as in regulation 2 of the Variation of Consents Regulations.

(2) Unless otherwise stated, any reference in these Regulations to a numbered section is a reference to that section of the Electricity Act 1989.

(3) Subject to paragraph (5), a requirement imposed by these Regulations on the Welsh Ministers or the inspector to circulate a document is met by sending a copy of that document to—

(a) the relevant planning authority;

(b) the applicant; and

(c) each qualifying objector who has indicated in accordance with regulation 6(4)(b)(iv) that they are likely to want to be represented formally and to play a major part in the inquiry.

(4) Subject to paragraph (5), a requirement imposed by these Regulations on the Welsh Ministers or the inspector to deposit a document is met by sending a copy of it—

(a) in the case of an inquiry into an application—

(i) where part of the place to which the application relates is within the area of a relevant planning authority, to the relevant planning authority; or

(ii) were no part of the place to which the application relates is within the area of a relevant planning authority, to the interested authority; and

(b) in the case of an inquiry into a variation application, to any relevant planning authority which is a local planning authority in Wales.

(5) Nothing in paragraph (3) or (4) requires the Welsh Ministers or the inspector to send a copy of a document to the person from whom it was received.

(6) A requirement imposed by these Regulations on the Welsh Ministers to publish a notice on a website is met—

(a) by publication of the notice, or of the details required to be contained in that notice, on a website maintained by the Welsh Ministers; or

(b) by publication of a link on a website maintained by the Welsh Ministers to another website on which the notice is published or the details required to be contained in that notice are published.

Commencement Information

I1 Reg. 2 in force at 1.4.2019, see reg. 1(1)

Marginal Citations

M1 1990 c. 8.

M2 S.I. 2019/295 (W. 73).

M3 S.I. 2019/297 (W. 75).

M4 Section 36 was amended by section 93 of the Energy Act 2004 (c. 20), paragraph 32 of Schedule 2 to the Planning Act 2008 (c. 29), section 12(7) and (8) of the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”), section 78 of the Energy Act 2016 (c. 20) and section 39(7)-(11) of, and paragraph 47 of Schedule 6 to, the 2017 Act. Other amendments are not relevant to these Regulations.

M5 See section 64(1) of the Electricity Act 1989 (c. 29) (“the 1989 Act”) for the interpretation of “generating station”.

M6 Section 36A was inserted into the 1989 Act by section 99(1) of the Energy Act 2004 (c. 20) and was amended by section 12(7) and (8) of the 2009 Act and section 40(1)-(5) of the 2017 Act.

M7 2000 c. 7. Section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

M8 Section 90(2) and (2ZA) were substituted by section 21(2) of the 2013 Act and were amended by section 39(13) of the 2017 Act.