OpenLegislation

Section 81 Special provision relating to national security: WalesI1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

After section 321A of the principal Act (inserted by section 80 above) there is inserted the following section—

“Special provision in relation to planning inquiries: Wales

321B
(1)

This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.

(2)

The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales.

(3)

The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.

(4)

If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.

(5)

The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).

(6)

Section 333(3) does not apply to regulations made under subsection (4).”

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In the Schedule to the hazardous substances Act, after paragraph 7 there is inserted the following paragraph—

“Local inquiries: Wales

8
(1)

This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales.

(2)

The references in paragraph 6A(1) and (2) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales.

(3)

The Assembly may by regulations make provision as mentioned in paragraph 6A(3) in connection with a local inquiry to which this section applies.

(4)

If the Assembly acts under sub-paragraph (3) rules made by the Lord Chancellor under paragraph 6A(3) do not have effect in relation to the inquiry.

(5)

The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).

(6)

Section 40(3) does not apply to regulations made under this paragraph.”

Annotations

Textual amendments

F1

S. 81(2) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 181 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Commencement

I1

S. 81 in force at 6.8.2004 for specified purposes by S.I. 2004/2097, art. 2

I2

S. 81 in force at 7.6.2006 in so far as not already in force by S.I. 2006/1281, art. 2(a)