{
  "url": "https://openlegislation.uk/draft-welsh-ministers-transfer-of-functions-no-2-order-2009/schedule/paragraph-2",
  "json_url": "https://openlegislation.uk/draft-welsh-ministers-transfer-of-functions-no-2-order-2009/schedule/paragraph-2.json",
  "legislation": "ukdsi/2009/9780111484616",
  "legislation_title": "The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009",
  "legislation_url": "https://openlegislation.uk/draft-welsh-ministers-transfer-of-functions-no-2-order-2009",
  "path": "schedule/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "First condition",
  "text": "The first condition is that the building falls within one of the following descriptions—\n(a) a generating station whose construction, extension or operation requires or required the consent of the Secretary of State under section 36 of the Electricity Act 1989 or any ancillary development;\n(b) a generating station whose construction or extension requires or required development consent;\n(c) an electric line whose installation, or continued installation, above ground requires the consent of the Secretary of State under section 37 of the Electricity Act 1989 or any ancillary development;\n(d) an electric line whose installation above ground requires or required development consent;\n(e) a pipe-line whose construction requires or required authorisation under section 1(1) of the Pipe-lines Act 1962 or development consent; or\n(f) a facility for the storage of gas underground in natural porous strata by a gas transporter or surface works or pipes associated with such a facility.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1989 c. 29. Part 1 includes interpretation provisions relevant to words and expressions used in the Schedule to this Order: see section 64(1) for the meaning of “electric line” and “generating station”, and section 36(9) for the meaning of “extension”. There have been extensive amendments to Part 1: see in particular the Utilities Act 2000 (c. 27), Part 4; the Energy Act 2004 (c. 20), Part 3; and the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 31 to 33."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1962 c. 58. See section 65 for the meaning of “pipe-line” and section 66 for the meaning of “construction”. There have been extensive amendments to the provisions about control of construction of pipe-lines: see in particular the Planning Act 2008 (c. 29), section 36 and Schedule 2, paragraphs 5 and 6."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111484616/schedule/paragraph/2",
    "retrieved_at": "2026-10-30T14:56:50.188905+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}