# The Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025, Regulation 2: Interpretation and giving notices etc

Extent: E+W

(1) In these Regulations—
“the 2024 Act” (“Deddf 2024”) means the Infrastructure (Wales) Act 2024;
“the 2025 Applications Regulations” (“Rheoliadau Ceisiadau 2025”) means the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025;
“the 2025 Compulsory Acquisition Regulations” (“Rheoliadau Caffael Gorfodol 2025”) means the Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025;
“applicant” (“ceisydd”) means a person who makes an application for an infrastructure consent order;
“application” (“cais”) means an application for infrastructure consent made under section 32 of the 2024 Act and includes any agreed variation;
“determination of procedure” (“dyfarniad o’r weithdrefn”) means a determination under section 42(1) or (5) of the 2024 Act;
“development” (“datblygiad”) has the meaning in section 133 of the 2024 Act;
“EIA development” (“datblygiad AEA”) means activity that—
(a) is “EIA development” as defined in regulation 2 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, or
(b) requires an environmental impact assessment in accordance with regulation 2A or Part 2 of the Marine Works (Environmental Impact Assessment) Regulations 2007;
“examining authority” (“awdurdod archwilio”) means a person or panel of persons appointed under section 40 of the 2024 Act in respect of a particular application;
“further representations” (“sylwadau pellach”) means oral or written representations further to initial written representations;
“further written representations” (“sylwadau ysgrifenedig pellach”) means representations on the application that are made in accordance with regulation 19;
“infrastructure consent” (“cydsyniad seilwaith”) means the consent required by section 19 of the 2024 Act;
“infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under the 2024 Act granting infrastructure consent;
“initial written representations” (“sylwadau ysgrifenedig cychwynnol”) means representations on the application that were made during the representation period (but this is subject to paragraph (2));
“interested party” (“parti a chanddo fuddiant”) means—
(a) the applicant;
(b) any person notified of the application in accordance with section 34(2)(a) or (b) of the 2024 Act;
(c) any statutory consultee;
(d) any specialist consultee;
(e) any other person who made initial written representations in respect of a particular application;
(but see paragraph (2));
“land” (“tir”) includes buildings, monuments and land covered with waters (including the sea bed);
“open floor hearing” (“gwrandawiad llawr agored”) has the meaning in section 43(3) of the 2024 Act;
“panel” (“panel”) means a panel of persons appointed to examine an application under section 40 of the 2024 Act;
“planning authority” (“awdurdod cynllunio”) means the local planning authority within the meaning given by Part 1 of the Town and Country Planning Act 1990—
(a) where an application is for development in Wales, for an area in which the proposed development is located;
(b) for the area nearest to the area to which the application relates, in the case of an application for development in the Welsh marine area;
“remotely” (“o bell”) means by means of—
(a) a live telephone link,
(b) a live video link, or
(c) any other equipment or facility that enables persons who are not in the same place to make representations at the hearing or local inquiry;
“representation” (“sylw”) includes evidence;
“representation period” (“cyfnod ar gyfer sylwadau”) means the period ending with the deadline specified pursuant to section 34(4) of the 2024 Act in respect of a particular application, as may be extended under section 34(7) of that Act (but this is subject to paragraph (2));
“specialist consultee” (“ymgynghorai arbenigol”) has the meaning in regulation 3(2)(b) of the 2025 Applications Regulations;
“statutory consultee” (“ymgynghorai statudol”) has the meaning in regulation 3(2)(a) of the 2025 Applications Regulations;
“timetable” (“amserlen”) means a timetable in relation to the application prepared in accordance with regulation 11;
“Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972);
“Welsh marine area” (“ardal forol Cymru”) means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea; and the question of which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999;
“written representations” (“sylwadau ysgrifenedig”) means initial written representations and any further written representations.
(2) Where an application has been varied under the 2025 Compulsory Acquisition Regulations to include a request to authorise the compulsory acquisition of land, or of an interest in or right over land, regulation 25 of those Regulations makes different provision as to the meaning of “representation period” in connection with “initial written representations” and of “interested party”.
(3) Where a statutory consultee is consulted under regulation 19(1) (further written representations), 31(5) to (7) and (10) (decision by examining authority: new considerations), 32(5) to (7) and (10) (decision by Welsh Ministers: new considerations), 33 (direction to re-open examination) or 39(2) (procedure following quashing of decision), a substantive response for the purposes of section 129(4)(b) of the 2024 Act is a response which—
(a) states—
(i) the view of the statutory consultee on the question posed by the examining authority, or
(ii) that the statutory consultee has no view or nothing further to its previous representations, and
(b) in the case of consultation under regulation 19, complies with paragraph (4) of that regulation.
(4) See section 136 of the 2024 Act in relation to provision in these Regulations which requires or authorises a person to—
(a) notify another person of something, or
(b) give a document to another person (whether the provision uses the word “serve”, “give” or other term).
(5) Where a hearing or local inquiry is re-opened under these Regulations or under the 2024 Act, the provisions of these Regulations, except regulation 3, apply as if the hearing or inquiry had not been closed.

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Source: https://www.legislation.gov.uk/wsi/2025/692/regulation/2 (the official version)
Page: https://openlegislation.uk/infrastructure-consent-examination-and-decision-procedure-wales-regulations-2025/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

