{
  "url": "https://openlegislation.uk/town-and-country-planning-electronic-communications-wales-no-2-order-2004/note",
  "json_url": "https://openlegislation.uk/town-and-country-planning-electronic-communications-wales-no-2-order-2004/note.json",
  "legislation": "wsi/2004/3157",
  "legislation_title": "The Town and Country Planning (Electronic Communications) (Wales) (No. 2) Order 2004",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-electronic-communications-wales-no-2-order-2004",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nSection 8 of the Electronic Communications Act 2000 (“the 2000 Act”) empowers the appropriate Minister (as defined in section 9 of that Act), by Order, to modify subordinate legislation for the purpose of authorising or facilitating the use of electronic communications.\nFor the purposes of section 8 of the 2000 Act, the National Assembly for Wales (“the National Assembly”) may, by virtue of section 10(2) of the 2000 Act, exercise the Order-making power insofar as the exercise of that power is for one of the purposes contained in section 10(3) of the 2000 Act.\nSection 10(5) of the 2000 Act requires the National Assembly to secure the consent of the Secretary of State when it exercises this Order-making power. The consent of the Secretary of State for Wales has been secured.\nFunctions to which section 10(3) of the 2000 Act applies, and which are relevant to this Order, are contained in regulations made by the National Assembly in the exercise of its powers under the—\n(a) Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (“the Listed Buildings Act”), by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); and\n(b) Town and Country Planning Act 1990 (c. 8) (“the Planning Act”), by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (as varied by the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) (W.5)).\nArticle 2 of, and Schedule 1 to, this Order modify the Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003 (S.I. 2003/390) (W.52).\nArticle 3 of, and Schedules 2 and 3 to, this Order modify the Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003 (S.I. 2003/394) (W.53) and the Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003 (S.I. 2003/395) (W.54).\nSimilar amendments to those being made by this Order are being made, by Order, by the—\n(a) National Assembly (with the consent of the Secretary of State for Wales), to planning-related Acts and regulations insofar as they apply to Wales; and\n(b) Lord Chancellor, to procedural rules made by him in relation to planning appeals in Wales.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2004/3157/note",
    "retrieved_at": "2026-10-29T00:07:24.871858+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."
}