Explanatory note

The Infrastructure (Wales) Act 2024 (“the 2024 Act”) establishes a unified application and consenting process to enable making and consideration of applications for infrastructure consent. The process applies to the significant infrastructure projects that are specified in Part 1 of the 2024 Act. Broadly, they are energy, transport, waste and water projects.

Part 2 of the 2024 Act contains the requirement for infrastructure consent. Part 3 of the 2024 Act makes provision about applying for infrastructure consent. Part 4 of the 2024 Act contains provision about appointing an authority to examine applications for infrastructure consent (“the examining authority”) and about particular aspects of the examination process. Part 5 of the 2024 Act contains provisions about deciding applications for infrastructure consent.

The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 make provision additional to that in the 2024 Act about pre-application requirements and applying for infrastructure consent.

These Regulations deal with the examination procedure which follows an application.

In particular these Regulations make further provision in relation to an examining authority, preparation for and the examination of applications and post-examination processes.

Part 1 of these Regulations makes general provision.

Part 2 of these Regulations makes provision in relation to the appointment and functioning of an examining authority. It includes provision about appointing a person or a panel of persons as an examining authority and deals with matters such as the date for appointing them, publicising the appointment and the allocation of functions and decision-making by a panel.

Part 3 of these Regulations deals with preparation for and managing the examination. It includes provision about the date for making a determination as to the choice of procedure for the examination, preparation of a timetable for the examination and a right to an open-floor hearing in certain circumstances. It also includes provision for publicising practical arrangements for the examination.

Part 4 of these Regulations makes provision about the conduct of the examination. It includes provision about making further representations, and the conduct of a hearing or local inquiry. That Part also contains provision about virtual hearings and local inquiries, broadcasting hearings and local inquiries, and access to recordings in specified circumstances. It also makes provision about national security directions to restrict access to evidence at a local inquiry, examination management meetings and variation of an application.

Part 5 contains provisions about the procedure after examination, including making decisions. It includes provision about a report by any assessor appointed to assist the examining authority and proceeding to a report or decision on the basis of representations made within the applicable time limit, or without representations. It also makes provision relating to the contents of reports, the procedure where new evidence or facts emerge and proposals to make a materially different order to the one in the application. It makes provision about notifying people of decisions and reasons and the procedure following the quashing of a decision.

The Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025 make supplementary provision which is relevant to these Regulations where an application for infrastructure consent includes a request to authorise compulsory acquisition of land, or of an interest in or right over land. That supplementary provision relates to a requirement for a meeting before determining or varying the procedure for examination, the date for determination of procedure, the timetable for examination, who to invite to make further representations, persons who must be notified of a decision to make or refuse an infrastructure consent order and the reasons for it, and the meanings of “representation period” and “interested party”.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.