Explanatory note

This Order is made under section 150 of the Government of Wales Act 2006 which, among other things, allows the Secretary of State to make provision in consequence of Acts of Senedd Cymru.

This Order makes provision in consequence of the Infrastructure (Wales) Act 2024 (“the 2024 Act”).

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, water and waste projects in Wales or the Welsh marine area.

The effect of article 2 of this Order is to include infrastructure consent under the 2024 Act in the categories of consent to which section 3(4) of the Nuclear Installations Act 1965 does not apply.

The effect of article 3 of this Order is to create a requirement to consult the Health and Safety Executive before issuing a direction under section 12(2C) of the Planning (Hazardous Substances) Act 1990 in relation to the granting of infrastructure consent.

The effect of article 4 of this Order is to amend section 130 of the Finance Act 2013, which relates to the Annual Tax on Enveloped Dwellings and makes provision in relation to the conversion of a dwelling for non-residential use. Article 4 of this Order amends section 130 by including infrastructure consent under subsection (3) and by including the definition of “infrastructure consent” in subsection (6). A building or part of a building will not be regarded as having become unsuitable for use as a dwelling as a result of alterations at any time unless by that time any planning permission, development consent or infrastructure consent required for such alterations has been granted.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.