Transitional provisions

Wales Bill – in the House of Commons at 8:45 pm on 11th July 2016.

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Amendments made: 59, page 108, line 12, leave out sub-paragraph (2)

This amendment removes the sub-paragraph which says that an Assembly Bill introduced before the “principal appointed day” falls if it has not passed Stage 1 in the Assembly process by then.

Amendment 60, page 109, line 34, at end insert—

“Development consent for generating stations

7A (1) The amendments made by sections 36(2) to (6) and 38(4) do not apply in relation to an application acceptance of which is notified to the applicant under section 55 of the Planning Act 2008 before the day on which section 36 of this Act comes into force.

(2) Schedule 6 to the Planning Act 2008 has effect in relation to orders granting development consent for devolved Welsh generating stations as if—

(a) references to the Secretary of State were references to the Welsh Ministers;

(b) the following were omitted—

(i) paragraph 2(11);

(ii) paragraph 3(5A);

(iii) paragraph 4(9);

(iv) the references to the Lands Tribunal for Scotland in paragraphs 6(6)(a) and 7(3)(d).

(3) In this paragraph “devolved Welsh generating station” means a generating station that—

(a) is in Wales and—

(i) generates electricity from wind, or

(ii) has a capacity of 350 megawatts or less; or

(b) is in waters adjacent to Wales up to the seaward limits of the territorial sea or in the Welsh zone (within the meaning of the Government of Wales Act 2006), and has a capacity of 350 megawatts or less.”—(Alun Cairns.)

This amendment creates transitional provision so that applicants accepted by the Secretary of State before the reserved powers model is brought into force will continue to be decided by the Secretary of State under the Planning Act. It also allows the Welsh Ministers to vary consents granted before that time.

Schedule 6, as amended, agreed to.

Clause 53