Wales Bill (HC Bill 5)

Wales BillPage 20

(b) after subsection (1) insert—

(1A) The Welsh Ministers may, by regulations, require relevant
energy undertakings to make payments in respect of the
proposed exercise, or exercise, of the right to use deep-level
5land in Wales for the purposes of exploiting petroleum.”

(3) In section 46 (notice schemes relating to right to use deep-level land for
purposes of exploiting petroleum or geothermal energy)—

(a) in subsection (1), for “the right of use” substitute

(a) the right to use deep-level land in England for the
10purposes of exploiting petroleum, and

(b) the right to use deep-level land for the purposes of
exploiting deep geothermal energy.”;

(b) after subsection (1) insert—

(1A) The Welsh Ministers may, by regulations, require relevant
15energy undertakings to give notice of the proposed exercise, or
exercise, of the right to use deep-level land in Wales for the
purposes of exploiting petroleum.”

(4) In section 49 (advice on likely impact of onshore petroleum on the carbon
budget)—

(a) 20in subsection (1), after “activity” insert “in England”;

(b) in subsection (3), after “effect” insert “in England”;

(c) in subsection (7), for the definition of “petroleum got through onshore
activity” substitute—

  • ““petroleum got through onshore activity in England”
    25means petroleum got from the strata in which it exists in
    its natural condition by activity carried out on land in
    England (excluding land covered by the sea or any tidal
    waters);”.

Road transport

25 30Roads: speed limits, pedestrian crossings and traffic signs

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) In section 17 (traffic regulation on special roads), after subsection (3ZA)
insert—

(3ZAA) The power to make provision of the following kinds by regulations
35under subsection (2) is exercisable by the Welsh Ministers—

(a) provision with respect to a particular special road in Wales;

(b) provision for regulating the speed of vehicles on special roads
in Wales.”

(3) In section 25 (pedestrian crossing regulations)—

(a) 40in subsection (1), for “national authority” substitute “relevant
authority”;

(b) after subsection (6) insert—

(7) In this section “relevant authority” means—

Wales BillPage 21

(a) in relation to a function so far as exercisable within
devolved competence, within the meaning of the
Scotland Act 1998, means the Scottish Ministers;

(b) in relation to a function so far as exercisable within
5devolved competence, within the meaning given by
section 58A(7) and (8) of the Government of Wales Act
2006, means the Welsh Ministers;

(c) otherwise, means the Secretary of State.”

(4) In section 64 (general provisions as to traffic signs)—

(a) 10for “national authority”, in each place, substitute “relevant authority”;

(b) after subsection (6) insert—

(6A) In this section “relevant authority” means—

(a) in relation to a function so far as exercisable within
devolved competence, within the meaning of the
15Scotland Act 1998, means the Scottish Ministers;

(b) in relation to a function so far as exercisable within
devolved competence, within the meaning given by
section 58A(7) and (8) of the Government of Wales Act
2006, means the Welsh Ministers;

(c) 20otherwise, means the Secretary of State.”

(5) In section 86 (speed limits for particular classes of vehicles), in subsection (7)—

(a) in paragraph (a) omit “and Wales”;

(b) after paragraph (a) insert—

(aa) as respects the driving of vehicles on roads in Wales, is
25the Welsh Ministers;”.

(6) In section 87 (exemption of emergency vehicles from speed limits) (as amended
by section 19 of the Road Safety Act 2006)—

(a) in subsection (1)(b), for “national authority” substitute “relevant
authority”;

(b) 30after subsection (6) insert—

(7) In this section “relevant authority”—

(a) in relation to a function so far as exercisable within
devolved competence, within the meaning of the
Scotland Act 1998, means the Scottish Ministers;

(b) 35otherwise, means the Secretary of State.”

(7) In section 88 (temporary speed limits), in subsection (7A)—

(a) in paragraph (a) omit “and Wales”;

(b) after paragraph (a) insert—

(aa) in relation to roads in Wales, is the Welsh Ministers;”.

(8) 40In section 142(1) (general interpretation), in the definition of “national
authority”, after paragraph (a) insert—

  • “(“aa)

    in relation to Wales, means the Welsh Ministers;”.

26 Bus service registration and traffic commissioners

(1) The Transport Act 1985 is amended as set out in subsections (2) and (3).

Wales BillPage 22

(2) In section 6 (registration of local bus services), after subsection (10) insert—

(11) The power to make regulations under subsection (9)(g), (i) and (j), so far
as exercisable in relation to Wales, is exercisable by the Welsh Ministers
(and not by the Secretary of State).”

(3) 5In section 7 (application of traffic regulation conditions to local bus services),
after subsection (15) insert—

(16) The power to make regulations under subsections (6)(d), (9) and (11),
so far as exercisable in relation to Wales, is exercisable by the Welsh
Ministers (and not by the Secretary of State).”

(4) 10Section 4C of the Public Passenger Vehicles Act 1981 (power of senior traffic
commissioner to give guidance and directions) is amended as set out in
subsections (5) and (6).

(5) In subsection (1), in the second sentence, after “subsection (5) below” insert
“and, in relation to Wales, to subsection (6) below”.

(6) 15After subsection (5) insert—

(6) The senior traffic commissioner may not give guidance or directions
under this section as to the exercise of a function so far as the function
could (apart from paragraph 8 of Schedule 7B to the Government of
Wales Act 2006) be conferred or imposed by provision falling within
20the legislative competence of the National Assembly for Wales.”

27 Taxis: transfer of functions to Welsh Ministers

(1) The Transport Act 1985 is amended as follows.

(2) In section 10 (immediate hiring of taxis at separate fares), after subsection (9)
insert—

(9A) 25The power to make regulations under subsections (5)(c) and (8), so far
as exercisable in relation to Wales, is exercisable by the Welsh Ministers
(and not by the Secretary of State).”

(3) In section 13 (provisions supplementary to sections 10 to 12), after
subsection (4) insert—

(5) 30The power to make an order under subsection (1) for the purpose of
supplementing section 10 or 11, so far as exercisable in relation to
Wales, is exercisable by the Welsh Ministers (and not by the Secretary
of State); and the reference to the Secretary of State in subsection (4) is
to be read accordingly.”

35Harbours

28 Transfer of executive functions in relation to Welsh harbours

(1) The functions mentioned in subsection (2) are (so far as not already transferred
under the National Assembly for Wales (Transfer of Functions) Order 1999
(S.I. 1999/672S.I. 1999/672)) transferred to the Welsh Ministers.

(2) 40The functions are functions exercisable by a Minister of the Crown under or by
virtue of—

Wales BillPage 23

(a) section 21 of the Sea Fish Industry Act 1951 (fishery harbours);

(b) the following provisions of the Harbours Act 1964—

(i) sections 11 and 43(1) (loans for harbour works);

(ii) sections 14 to 17 and Schedule 3 (harbour revision orders,
5harbour authority appointment orders and harbour
empowerment orders);

(iii) section 18 and Schedule 4 (harbour reorganisation schemes);

(iv) section 19 (compensation for loss of office etc in consequence of
harbour orders and schemes);

(v) 10sections 30 and 31 (harbour charges and dues);

(vi) section 39(4) (extension of order-making power under section
21(8) of the Sea Fish Industry Act 1951);

(vii) sections 41 and 42 (provision of information, accounts etc);

(viii) section 60 (power to amend local Acts);

(c) 15the following provisions of the Docks and Harbours Act 1966—

(i) section 36 (provision of inland clearance depots);

(ii) sections 42 and 43 (further provision about harbour
reorganisation schemes);

(d) section 5(2) of the Ports (Finance) Act 1985 (orders amending local Acts
20etc);

(e) the following provisions of the Pilotage Act 1987—

(i) section 1 (orders about competent harbour authorities);

(ii) section 8(3) (directions about pilotage exemption certificates);

(iii) section 10(6) (appeals in respect of pilotage charges);

(iv) 25section 12 (information and directions as to joint arrangements);

(v) section 13 (resolution of disputes between harbour authorities);

(vi) paragraph 4 of Schedule A1 (appeals in relation to decisions on
authorisation of EEA pilots);

(f) Part 1 of the Ports Act 1991, other than section 11(8);

(g) 30any provision contained in a local Act (including an Act confirming a
provisional order);

so far as exercisable in relation to harbours that are wholly in Wales, other than
harbours that are reserved trust ports.

(3) In determining for the purposes of subsection (2)(b) whether a function is
35exercisable by a Minister of the Crown under or by virtue of a provision of the
Harbours Act 1964, any order made under section 42A of that Act (delegation
of functions) is to be ignored.

(4) Where a function mentioned in subsection (2) relates to two or more harbours,
that function is transferred to the Welsh Ministers only to the extent that both
40or all of the harbours to which it relates are wholly in Wales and are not
reserved trust ports.

(5) This section does not operate to transfer to the Welsh Ministers a function to
the extent that, if exercised, it would result in a cross-border harbour being
created.

(6) 45Sections 33 to 35 make further provision about—

(a) the exercise of some of the functions transferred by this section and by
section 29 in relation to cross-border harbours, and

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(b) the exercise of certain functions relating to pilotage by the Secretary of
State in relation to waters in Wales, and by the Welsh Ministers in
relation to waters in England.

(7) In this section—

  • 5“cross-border harbour” has the meaning given in section 33;

  • “reserved trust port” has the meaning given in section 31;

  • “Wales” has the same meaning as in the Government of Wales Act 2006
    (see section 158(1) and (3) of that Act).

29 Transfer of executive functions: amendments of the Harbours Act 1964

(1) 10The Harbours Act 1964 is amended as follows.

(2) In section 17 (harbour orders: procedure), in subsection (2C), for the words
from “fishery” to “National Assembly for Wales” substitute “harbour that is
wholly in Wales, other than a reserved trust port, as references to the Welsh
Ministers”.

(3) 15In section 17E (harbour closure orders: devolution)—

(a) in subsection (1), for “fishery harbours in Wales” substitute “harbours
that are wholly in Wales, other than reserved trust ports”;

(b) after subsection (1) insert—

(1A) Before making a closure order that transfers functions to a
20harbour authority for a harbour that is wholly or partly in
England or a reserved trust port, the Welsh Ministers must
obtain the consent of the Secretary of State.”

(4) In section 40A (directions made by harbour authorities in respect of ships), in
subsection (4)(a), for “fishery harbour in Wales” substitute “harbour that is
25wholly in Wales other than a reserved trust port”.

(5) In section 57(1) (interpretation), at the appropriate place insert—

  • ““reserved trust port” has the meaning given in section 31 of the
    Wales Act 2016;”.

(6) In Schedule 3 (procedure for making harbour orders), in paragraph 25(6)(a), for
30sub-paragraph (ii) substitute—

(ii) a harbour that is wholly in Wales other than a
reserved trust port, the Welsh Ministers;”.

30 Transfer of harbour functions: application of general provisions

(1) The following provisions of the Government of Wales Act 2006 apply in
35relation to the transfer of functions under sections 28 and 29 as they apply in
relation to a transfer of functions by an Order in Council made under section
58 of that Act—

(a) Part 2 of Schedule 3 (exercise of transferred functions);

(b) paragraph 13 of Schedule 3 (continued validity of things done);

(c) 40paragraphs 1, 2(2) and 4 of Schedule 4 (transfers of property, rights and
liabilities).

(2) Where a function transferred under section 28 is exercisable by a delegate by
virtue of an order made under section 42A of the Harbours Act 1964, the
provisions mentioned in subsection (1) are to be read as if references to a

Wales BillPage 25

Minister of the Crown or to the Secretary of State were, or included, references
to the delegate.

(3) The application by subsection (1)(c) of paragraphs 1 and 2(2) of Schedule 4 to
the Government of Wales Act 2006 in relation to the transfer of functions under
5sections 28 and 29 is subject to any contrary provision made in regulations
made by the Secretary of State.

(4) Regulations under subsection (3) may make—

(a) different provision for different purposes or cases (including different
provision for different harbours or different descriptions of harbour);

(b) 10transitional or saving provision.

(5) Regulations under subsection (3) must be made by statutory instrument.

(6) A statutory instrument containing regulations under subsection (3) is subject
to annulment in pursuance of a resolution of either House of Parliament.

31 Reserved trust ports

(1) 15A harbour is a reserved trust port if, on the principal appointed day (within the
meaning given by section 53), it is a harbour, dock, pier or boatslip that is
owned or managed by a harbour authority that—

(a) is a relevant port authority within the meaning of Part 1 of the Ports Act
1991 (see section 1(3) of that Act), and

(b) 20meets the annual turnover requirement.

(2) The annual turnover requirement is the turnover requirement set out in section
11 of the Ports Act 1991.

(3) Section 11 of that Act, in its application for the purposes of this section, has
effect as if for subsection (1) there were substituted—

(1) 25A relevant port authority meet the annual turnover requirement if the
annual turnover of the authority’s port undertaking exceeded the
turnover limit in the case of at least two of the last three accounting
years of the authority for which accounts have been submitted under
section 42(5) of the Harbours Act 1964.”

32 30Development consent

(1) Section 24 of the Planning Act 2008 (development consent for construction or
alteration of harbour facilities) is amended as follows.

(2) In subsection (1), for paragraph (a) substitute—

(a) will be—

(i) 35wholly or partly in England or in waters adjacent to
England up to the seaward limits of the territorial sea, or

(ii) wholly in Wales or in waters adjacent to Wales up to the
seaward limits of the territorial sea and will be, or will
form part of, a reserved trust port, and”.

(3) 40In subsection (2), for paragraph (a) substitute—

(a) the harbour facilities are—

(i) wholly or partly in England or in waters adjacent to
England up to the seaward limits of the territorial sea, or

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(ii) wholly in Wales or in waters adjacent to Wales up to the
seaward limits of the territorial sea and are, or form part
of, a reserved trust port, and”.

(4) In subsection (6), after the definition of “container ship” insert—

  • 5““reserved trust port” has the meaning given in section 31 of the
    Wales Act 2016;”.

33 Cross-border harbours

(1) Where—

(a) a Minister of the Crown proposes to exercise a relevant function in
10relation to a cross-border harbour, and

(b) the exercise of that function would, in the opinion of the Minister, be
likely to have a material effect in Wales,

the Minister of the Crown must first consult the Welsh Ministers (except where
section 35(1) applies).

(2) 15Where a Minister of the Crown proposes to exercise a function under the
Harbours Act 1964 in such a way that it would result in a cross-border harbour
being created, the Minister of the Crown must first consult the Welsh Ministers
(except where section 35(1) applies).

(3) Where a Minister of the Crown has made an order under section 42A of the
20Harbours Act 1964, the duties in subsections (1) and (2) apply to the delegate
as they apply to a Minister of the Crown.

(4) The following are “relevant functions”—

(a) making an order under section 21 of the Sea Fish Industry Act 1951;

(b) making a harbour revision order under section 14 or 15 of the Harbours
25Act 1964, other than an order of the type described in section 7(5) of the
Pilotage Act 1987 (order extending limits of pilotage jurisdiction);

(c) making an order under any of the following sections of the Harbours
Act 1964—

(i) section 15A (orders about port appointments);

(ii) 30section 16 (harbour empowerment orders);

(iii) section 17A (closure orders);

(iv) section 18 (orders for harbour reorganisation schemes);

(v) section 40A (orders designating harbour authority);

(vi) section 60 (orders amending local Acts);

(d) 35making regulations under section 19 of that Act (compensation for loss
of office etc);

(e) approving a charge to which section 31 of that Act applies, or giving
directions with respect to such a charge, under section 31(6)(a) or (b) of
that Act (harbour dues);

(f) 40giving or refusing consent under section 36(1) of the Docks and
Harbours Act 1966 (inland clearance depots);

(g) making an order under section 5(2) of the Ports (Finance) Act 1985
(order amending local enactments in consequence of borrowing
powers etc);

(h) 45giving or refusing consent under section 5(1) of the Ports Act 1991
(control over issue or disposal of securities etc);

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(i) giving directions under section 5(2) of that Act (directions about issue
or disposal of securities etc);

(j) making a decision under section 9(6) of that Act (decision confirming
port transfer scheme);

(k) 5giving directions under section 10(2) or (3) of that Act (directions
requiring port authority to form a company or submit a scheme);

(l) making a scheme under section 12(1) of that Act (required port transfer
scheme).

(5) In this section—

  • 10“cross-border harbour” means a harbour that is partly in England and
    partly in Wales;

  • “England” includes the sea adjacent to England out as far as—

    (a)

    the seaward boundary of the territorial sea, or

    (b)

    if nearer to the land, any boundary between waters that are
    15treated as part of the sea adjacent to Wales and those that are
    not, as determined by an order made under section 158(3) of the
    Government of Wales Act 2006;

  • “Wales” has the same meaning as in the Government of Wales Act 2006
    (see section 158(1) and (3) of that Act).

34 20Cross-border exercise of pilotage functions

(1) Where—

(a) the Secretary of State proposes to exercise a relevant pilotage function,
and

(b) the function would be exercised in relation to waters in Wales,

25the Secretary of State must first consult the Welsh Ministers (except where
section 35(1) applies).

(2) Where—

(a) the Welsh Ministers propose to exercise a relevant pilotage function
other than a function mentioned in subsection (4)(e) or (h), and

(b) 30the function would be exercised in relation to waters in England,

the Welsh Ministers must first obtain the consent of the Secretary of State.

(3) Where—

(a) the Welsh Ministers propose to exercise a function mentioned in
subsection (4)(e) or (h), and

(b) 35the function would be exercised in relation to waters in England,

the Welsh Ministers must first consult the Secretary of State (except where
section 35(1) applies).

(4) The following are “relevant pilotage functions”—

(a) making an order under section 1(3) of the Pilotage Act 1987 (order
40about exercise of pilotage jurisdiction);

(b) making an order under section 1(4) or (4A) of that Act (orders about
competent harbour authorities);

(c) making an order of the type described in section 7(5) of that Act
(harbour revision order extending limits of pilotage jurisdiction of a
45harbour authority);

(d) making a direction under section 8(3) of that Act (pilotage exemption
certificates);

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(e) approving a charge imposed by virtue of section 10 of that Act, or
giving directions with respect to such a charge, under section 31(6) of
the Harbours Act 1964 as applied by section 10(6) of the Pilotage Act
1987;

(f) 5making directions under section 12(2) or (3) of the Pilotage Act 1987
(joint arrangements);

(g) settling a dispute under section 13 of that Act (resolution of dispute
between authorities);

(h) deciding an appeal under paragraph 4 of Schedule A1 to that Act
10(decisions on authorisation of EEA pilots).

(5) In this section “England” and “Wales” have the same meanings as in section 33.

35 Sections 33 and 34: supplementary

(1) The duty to consult in section 33(1) or (2) or section 34(1) or (3) does not apply
in relation to the exercise of a function if it is not reasonably practicable to
15comply with it in relation to the exercise of the function (for reasons of urgency
or for any other reasons).

(2) If the duty to consult in section 33(1) or (2) or section 34(1) does not apply in
relation to the exercise of a function by reason of subsection (1), the Secretary
of State must as soon as is reasonably practicable inform the Welsh Ministers
20of the exercise of the function and of the reasons for its exercise.

(3) If the duty to consult in section 34(3) does not apply in relation to the exercise
of a function by reason of subsection (1), the Welsh Ministers must as soon as
is reasonably practicable inform the Secretary of State of the exercise of the
function and of the reasons for its exercise.

(4) 25A failure to comply with a duty to consult in section 33(1) or (2) or section 34(1)
or (3) in relation to the exercise of a function does not affect the validity of its
exercise.

(5) The Secretary of State may make regulations modifying the application of
sections 33, 34 and this section in relation to the harbours, or descriptions of
30harbour, specified in the regulations.

(6) Before making regulations under subsection (5), the Secretary of State must
consult the Welsh Ministers.

(7) The regulations may in particular—

(a) disapply a requirement for a Minister of the Crown to consult the
35Welsh Ministers before exercising a function;

(b) disapply a requirement for the Welsh Ministers to consult or obtain the
consent of the Secretary of State before exercising a function;

(c) change a requirement to consult into a requirement to obtain consent,
and vice versa;

(d) 40provide that a Minister of the Crown must consult, or obtain the
consent of, the Welsh Ministers before exercising a function not
mentioned in section 33 or 34, in the circumstances set out in the
regulations;

(e) provide that the Welsh Ministers must consult, or obtain the consent of,
45the Secretary of State before exercising a function not mentioned in
section 34, in the circumstances set out in the regulations.

Wales BillPage 29

(8) Regulations under subsection (5) may make—

(a) different provision for different purposes or cases, and

(b) consequential, incidental, supplementary, transitional and saving
provision.

(9) 5Regulations under subsection (5) must be made by statutory instrument.

(10) A statutory instrument containing regulations under subsection (5) is subject
to annulment in pursuance of a resolution of either House of Parliament.

Planning for electricity generating stations

36 Development consent for generating stations with 350MW capacity or less

(1) 10Section 15 of the Planning Act 2008 (generating stations) is amended as set out
in subsections (2) to (6).

(2) In subsection (1), for “or (3)” substitute “, (3), (3A) or (3B)”.

(3) In subsection (2)(a) omit “or Wales”.

(4) After subsection (3) insert—

(3A) 15A generating station is within this subsection if—

(a) it is in Wales,

(b) it does not generate electricity from wind, and

(c) its capacity is more than 350 megawatts.

(3B) A generating station is within this subsection if—

(a) 20it is in waters adjacent to Wales up to the seaward limits of the
territorial sea, or in the Welsh zone, and

(b) its capacity is more than 350 megawatts.”

(5) In subsection (4)—

(a) in paragraph (a) omit “or Wales”;

(b) 25in paragraph (b), after “except” insert “the Welsh zone or”.

(6) After subsection (4) insert—

  • ““Welsh zone” has the meaning given in section 158 of the
    Government of Wales Act 2006.”

(7) Section 36 of the Electricity Act 1989 (consent required for construction etc of
30generating stations) is amended as set out in subsections (8) to (11).

(8) In subsection (1), (4) and (5)(a), for “Secretary of State” substitute “appropriate
authority”.

(9) In subsection (2)—

(a) in paragraph (a)—

(i) 35at the beginning insert “in the case of a generating station
otherwise than in Wales,”;

(ii) at the end omit “and”;

(b) in paragraph (b), after “extended” insert “otherwise than in Wales”;