Wales Bill (HC Bill 5)

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(c) after paragraph (b) insert—

(c) in the case of a generating station in Wales, does not
exceed the devolved capacity, that is to say, 350
megawatts; and

(d) 5in the case of a generating station which is to be
constructed or extended in Wales, will not exceed the
devolved capacity when it is constructed or extended;”

(10) In subsection (7), for “the Secretary of State” substitute—

(a) the Welsh Ministers, if they are the appropriate authority, or

(a) 10the Secretary of State, in all other cases.”

(11) After subsection (9) insert—

(10) In this section “appropriate authority” means—

(a) the Scottish Ministers, in relation to a generating station in or to
be constructed in Scotland;

(b) 15the Welsh Ministers, in relation to a generating station in or to
be constructed in Welsh waters that—

(i) does not exceed the devolved capacity, that is to say, 350
megawatts;

(ii) in the case of a generating station which is to be
20constructed or extended, will not exceed the devolved
capacity when constructed or extended;

(c) the Secretary of State, in all other cases.”

(11) In this section—

  • “Scotland” has the same meaning as in section 32(2) (see section
    2532(3));

  • “Welsh waters” means so much of the internal waters and
    territorial sea of the United Kingdom as are adjacent to Wales,
    and the Welsh zone;

  • “Welsh zone” has the meaning given in section 158 of the
    30Government of Wales Act 2006.”

(12) In section 36C of the Electricity Act 1989 (variation of consents under section
36), in subsection (6)—

(a) in the definition of “appropriate authority”—

(i) after paragraph (a) insert—

(ab) 35the Welsh Ministers, in a case where the section 36
consent relates to a generating station (or proposed
generating station) in Welsh waters that does not or will
not when constructed or extended exceed 350
megawatts;”;

(ii) 40in paragraph (b), at the end insert “and does not relate to a
generating station (or proposed generating station) in Welsh
waters that does not or will not when constructed or extended
exceed 350 megawatts”;

(b) in the definition of “regulations”, after paragraph (a) insert—

(aa) 45the Welsh Ministers, in the case of section 36 consents
relating to generating stations (or proposed generating
stations) in Welsh waters that do not or will not when
constructed or extended exceed 350 megawatts;”;

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(c) at the end insert—

  • ““Welsh waters” has the meaning given in section 36.”

(13) In section 90 of the Town and Country Planning Act 1990 (development with
government authorisation), in subsections (2) and (2ZA), after “the Secretary of
5State” insert “or the Welsh Ministers”.

37 Generating stations and public rights of navigation

(1) Section 36A of the Electricity Act 1989 (declarations extinguishing etc public
rights of navigation) is amended as set out in subsections (2) to (5).

(2) In subsection (1)—

(a) 10for “the Secretary of State or the Scottish Ministers” substitute “the
appropriate authority”;

(b) for “he or (as the case may be) they” substitute “the appropriate
authority”.

(3) In subsection (2), for “The Secretary of State or the Scottish Ministers”
15substitute “The appropriate authority”.

(4) In subsection (6)—

(a) for “the Secretary of State or the Scottish Ministers” substitute “the
appropriate authority”;

(b) for “him or them”, in both places, substitute “the appropriate
20authority”.

(5) In subsection (7), after “In this section—” insert—

  • ““appropriate authority” has the same meaning as in section 36;”.

(6) Section 36B of that Act (duties in relation to navigation) is amended as set out
in subsections (7) to (10).

(7) 25In subsection (1)—

(a) for “Neither the Secretary of State nor the Scottish Ministers may”
substitute “The appropriate authority may not”;

(b) for “he considers, or (as they case may be) they consider,” substitute
“the appropriate authority considers”.

(8) 30In subsection (2), for “both of the Secretary of State and of the Scottish
Ministers” substitute “of the appropriate authority”.

(9) In subsection (3), for “the Secretary of State or (as the case may be) the Scottish
Ministers” substitute “the appropriate authority”.

(10) In subsection (4)(a), for “the Secretary of State and the Scottish Minister have
35exercised or will exercise their powers” substitute “the appropriate authority
has exercised or will exercise its powers”.

(11) Section 100 of the Energy Act 2004 (further provision relating to public rights
of navigation) is amended as set out in subsections (12) to (14).

(12) In subsection (1) omit “the consenting authority”.

(13) 40In subsections (3), (6) and (7), for “the consenting authority” substitute “the
appropriate authority”.

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(14) In subsection (8), after “In this section—” insert—

  • ““appropriate authority” has the same meaning as in section 36 of
    the Electricity Act 1989;”.

38 Associated development of overhead lines

(1) 5Section 37 of the Electricity Act 1989 (consent required for overhead lines) is
amended as set out in subsection (2) and (3).

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

(3) After subsection (2) insert—

(2A) Subsection (1) above shall not apply in relation to an electric line that is
10associated with the construction or extension of a generating station
consented to by the Welsh Ministers if the nominal voltage of the line is
no greater 132 kilovolts.”

(4) In section 16 of the Planning Act 2008 (electric lines), after subsection (3A)
insert—

(3B) 15The installation of an electric line above ground is not within section
14(1)(b) if the line is associated with the construction or extension of a
generating station consented to by the Welsh Ministers and the
nominal voltage of the line is expected to be no greater than 132
kilovolts.”

39 20Alignment of associated development consent

(1) Section 115 of the Planning Act 2008 (development for which development
consent may be granted) is amended as follows.

(2) In subsection (2)(c), for “or (4)” substitute “, (4) or (4A)”.

(3) After subsection (4) insert—

(4A) 25Development is within this subsection if the development within
subsection (1)(a) with which it is associated is—

(a) the construction or extension of a generating station that is or
(when constructed or extended) is expected to be within section
15(3A) or (3B), or

(b) 30the installation of an electric line that is or (when installed) is
expected to be within section 14(1)(b).”

Equal opportunities

40 Equal opportunities: public sector equality duty

(1) The Equality Act 2010 is amended as follows.

(2) 35In section 152 (power to specify public authorities: consultation and consent)—

(a) in subsection (2), for the words after “must” substitute “consult the
Commission, and after making such an order they must inform a
Minister of the Crown.”;

(b) in the heading omit “and consent”.

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(3) In section 154 (power to impose specific duties: cross-border authorities), in the
second column of the table in subsection (3), for the words “The Welsh
Ministers must consult a Minister of the Crown before” in both places
substitute “The Welsh Ministers must inform a Minister of the Crown after”.

41 5Public sector duty regarding socio-economic inequalities

(1) The Equality Act 2010 is amended as follows.

(2) In section 1 (public sector duty), in subsection (2A), after paragraph (a) insert—

(aa) in the case of a duty imposed on an authority in relation to
devolved Welsh functions, guidance issued by the Welsh
10Ministers;”.

(3) In section 2 (power to amend section 1) omit subsections (7), (9) and (10).

(4) Section 216 (commencement) is amended as follows.

(5) In subsection (3), for “subsection (4)” substitute “subsections (4) and (6)”.

(6) After subsection (5) insert—

(6) 15The following provisions of Part 1 come into force on such day as the
Welsh Ministers may by order appoint—

(a) section 1, so far as it applies to a relevant authority as defined
by section 2(6);

(b) section 2, so far as it confers a power on the Welsh Ministers;

(c) 20section 3, for the purposes of section 1 to the extent mentioned
in paragraph (a).

(7) Section 209 does not apply to an order under subsection (6).”

Marine licensing and conservation

42 Marine licensing in the Welsh offshore region

(1) 25The Marine and Coastal Access Act 2009 is amended as set out in subsections
(2) to (4).

(2) In section 113 (the appropriate licensing authority)—

(a) in subsection (4), for “and the Welsh inshore region” substitute “, the
Welsh inshore region and the Welsh offshore region”;

(b) 30in subsection (5), after paragraph (b) insert—

(ba) in relation to the Welsh offshore region, any activity
falling within the subject matter of Part 6 of the
Merchant Shipping Act 1995 (pollution etc).”

(3) In section 236 (enforcement of marine licensing regime), in subsection (2)—

(a) 35in paragraph (a), for “or the Welsh inshore region” substitute “, the
Welsh inshore region or the Welsh offshore region”;

(b) after paragraph (a) insert—

(aa) any activity in the Welsh offshore region falling within
the subject matter of Part 6 of the Merchant Shipping Act
401995 (pollution etc).”

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(4) In section 240 (marine licensing: oil and gas and other reserved matters), in
subsection (1)—

(a) in paragraph (b), for “or the Welsh inshore region” substitute “, the
Welsh inshore region or the Welsh offshore region”;

(b) 5after paragraph (b) insert—

(ba) any activity in the Welsh offshore region falling within
the subject matter of Part 6 of the Merchant Shipping Act
1995 (pollution etc).”

(5) The Marine Licensing (Exempted Activities) (Wales) Order 2011 (S.I. 2011/559S.I. 2011/559
10(W.81)) is amended as set out in subsection (6) to (8).

(6) In Article 4 (exemption from need for marine licence), in paragraph (1), for “or
the Welsh inshore region” substitute “, the Welsh inshore region or the Welsh
offshore region”.

(7) In Article 32 (bored tunnels), in paragraph (4), for “and the Welsh inshore
15region” substitute “, the Welsh inshore region and the Welsh offshore region”.

(8) In Article 34 (loading of a vehicle or vessel etc for incineration outside Wales
and the Welsh inshore region)—

(a) in the heading, for “and the Welsh inshore region” substitute “, the
Welsh inshore region and the Welsh offshore region”;

(b) 20in paragraph (1)(b), for “and the Welsh inshore region” substitute “, the
Welsh inshore region and the Welsh offshore region”.

43 Marine conservation zones

(1) Part 5 of the Marine and Coastal Access Act 2009 is amended as follows.

(2) In section 116 (marine conservation zones)—

(a) 25in subsection (5)(a), after “Wales” insert “or the Welsh offshore region”;

(b) after subsection (5) insert—

(5A) The Welsh Ministers may not designate an area as an MCZ
without the agreement of the Secretary of State if any part of the
proposed MCZ lies in the Welsh offshore region.”

(3) 30In section 119 (consultation before designation)—

(a) in subsection (6), after “Wales” insert “or the Welsh offshore region”;

(b) omit subsection (9)(a).

(4) In section 125 (general duties of public authorities in relation to MCZs), in
subsection (11)(a), after “Wales” insert “or the Welsh offshore region”.

35Miscellaneous

44 Intervention in case of serious adverse impact on sewerage services etc

(1) In section 114 of the Government of Wales Act 2006 (power to intervene in
relation to Assembly Bills), in subsection (1), after paragraph (b) insert—

(ba) might have a serious adverse impact on sewerage services in
40England or sewerage systems in England,”.

(2) In section 152 of the Government of Wales Act 2006 (intervention in case of
functions relating to water etc)—

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(a) in subsection (1) omit “or” at the end of paragraph (b) and after
paragraph (c) insert—

(d) sewerage services in England, or

(e) sewerage systems in England.”;

(b) 5in the heading, after “water” insert “or sewerage”.

45 Transfer of functions in relation to excepted energy buildings

(1) The functions conferred or imposed on the Secretary of State by or under the
Building Act 1984, so far as exercisable in relation to excepted energy buildings
in Wales, are transferred to the Welsh Ministers.

(2) 10But subsection (1) does not operate to transfer any functions that are reserved
by the following provisions of the 2009 TFO—

(a) Article 3(b) (functions exercisable by Secretary of State as a Crown
authority);

(b) Article 3(c) (powers of commencement etc);

(c) 15Article 4 (energy performance requirements and energy assessors for
existing buildings).

(3) The following provisions of the Government of Wales Act 2006 apply in
relation to the transfer of functions under subsection (1) as they apply in
relation to a transfer of functions by an Order in Council made under section
2058 of that Act—

(a) Part 2 of Schedule 3 (exercise of functions transferred under section 58);

(b) paragraph 1 of Schedule 4 (general transfer of property, rights and
liabilities).

(4) In this section—

  • 25“excepted energy building” has the meaning given in the Schedule to the
    2009 TFO;

  • “the 2009 TFO” means the Welsh Ministers (Transfer of Functions) (No. 2)
    Order 2009 (S.I. 2009/3019S.I. 2009/3019).

46 Renewable energy incentive schemes

(1) 30After section 148 of the Government of Wales Act 2006 insert—

“Consultation with Welsh Ministers
148A Renewal energy incentive schemes

(1) The Secretary of State must consult the Welsh Ministers before—

(a) establishing a renewable energy incentive scheme that applies
35in Wales, or

(b) amending such a scheme as it relates to Wales.

(2) Subsection (1) does not apply to amendments that appear to the
Secretary of State to be minor or made only for technical or
administrative reasons; and the Secretary of State is not to be taken to
40establish or amend a scheme by exercising a power under a scheme,
other than a power that is exercisable subject to any parliamentary
procedure.

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(3) Subsection (1) does not require the Secretary of State to consult the
Welsh Ministers about any levy in connection with a renewable energy
incentive scheme.

(4) In this section a “renewable energy incentive scheme” means any
5scheme, whether statutory or otherwise, that provides an incentive to
generate, or facilitate the generation of, electricity or heat from sources
of energy other than fossil fuel or nuclear fuel.

This includes provision made by or under the following so far as they
relate to the generation of electricity or heat from sources of energy
10other than fossil fuel or nuclear fuel—

(a) sections 6 to 26 of the Energy Act 2013 (contracts for difference);

(b) sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-
scale generation of electricity);

(c) section 100 of that Act (renewable heat incentives);

(d) 15sections 32 to 32Z2 of the Electricity Act 1989 (renewables
obligations or certificate purchase obligations).”

(2) Where, before the commencement of this section, the Secretary of State has
consulted, or is consulting, the Welsh Ministers regarding a renewable energy
incentive scheme within the meaning of section 148A of the Government of
20Wales Act 2006 (inserted by subsection (1) above), that consultation is to be
treated as fulfilling the obligation in that section.

Part 3 Miscellaneous

47 Provision of information to the Office for Budget Responsibility

25After section 66 of the Government of Wales Act 2006 insert—

66A Provision of information to the Office for Budget Responsibility

(1) The Office for Budget Responsibility has a right of access at any
reasonable time to all information held by—

(a) the Welsh Ministers, or

(b) 30any Wales public authority specified in regulations made by the
Secretary of State,

that it may reasonably require for the purpose of the performance of its
duty under section 4 of the Budget Responsibility and National Audit
Act 2011 (duty to examine and report on the sustainability of the public
35finances).

(2) The Office is entitled to require from any person holding or accountable
for such information any assistance or explanation that the Office
reasonably thinks necessary for that purpose.

(3) No regulations are to be made under subsection (1)(b) unless a draft of
40the statutory instrument containing them has been laid before, and
approved by a resolution of, each House of Parliament.

(4) This section is subject to any enactment or rule of law that operates to
prohibit or restrict the disclosure of information or the giving of any
assistance or explanation.”

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48 Gas and Electricity Markets Authority

(1) In section 37 of the Government of Wales Act 2006 (witnesses and documents:
power to call), after subsection (6) insert—

(6A) Subsection (1) applies in relation to requirements imposed on a person
5in connection with the discharge of the functions of the Gas and
Electricity Markets Authority in relation to Wales with the omission of
the words after paragraph (b).”

(2) In section 5 of the Utilities Act 2000 (annual and other reports of Authority)—

(a) in subsection (5)(aa), after “the Scottish Ministers” insert “and the
10Welsh Ministers”;

(b) after subsection (5A) insert—

(5B) The Welsh Ministers shall lay a copy of each annual report
before the National Assembly for Wales.”

(3) In section 5XA of that Act (laying of accounts before Scottish Parliament)—

(a) 15in the heading, after “Scottish Parliament” insert “and Welsh
Assembly”;

(b) in subsection (2), after “the Scottish Ministers” insert “and the Welsh
Ministers”;

(c) after subsection (3) insert—

(3A) 20The Welsh Ministers must lay a copy of whatever is sent to them
under subsection (2) before the National Assembly for Wales.”

49 Licensing of coal-mining operations: approval by Welsh Ministers

After section 26 of the Coal Industry Act 1994 insert—

26A Licences for coal-mining operations in Wales: approval by Welsh
25Ministers

(1) If or to the extent that a licence under this Part authorises coal-mining
operations in relation to coal in Wales, it shall have effect only if the
Welsh Ministers notify the Authority that they approve the
authorisation.

(2) 30In this section “Wales” has the meaning given in section 158(1) of the
Government of Wales Act 2006.”

50 Office of Communications

(1) Section 1 of the Office of Communications Act 2002 (the Office of
Communications) is amended as set out in subsections (2) to (5).

(2) 35In subsection (3), after paragraph (aa) insert—

(ab) a member appointed by the Welsh Ministers;”.

(3) After subsection (3A) insert—

(3B) Before appointing a member under subsection (3)(ab) the Welsh
Ministers must consult the Secretary of State.”

(4) 40In subsection (5), before “and (b),” insert “, (ab)”.

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(5) After subsection (11) insert—

(12) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment
made under subsection (3)(ab) as if—

(a) any reference to the Secretary of State were to the Welsh
5Ministers, and

(b) after the paragraph 2(7) treated as inserted by subsection (11)
there were inserted—

(8) Before the Welsh Ministers remove a person from office they
must consult the Secretary of State.””

(6) 10The Schedule to that Act is amended as set out in subsections (7) and (8).

(7) In paragraph 11 (accounts and audit)—

(a) in sub-paragraph (3)(c), after “the Scottish Ministers” insert “and the
Welsh Ministers”;

(b) after sub-paragraph (4) insert—

(5) 15The Welsh Ministers shall lay a copy of the statement and
report sent to them under sub-paragraph (3) before the
National Assembly for Wales.”

(8) In paragraph 12 (annual report)—

(a) in sub-paragraph (1), for “and the Scottish Ministers” substitute “, the
20Scottish Ministers and the Welsh Ministers”;

(b) after sub-paragraph (4) insert—

(5) The Welsh Ministers shall lay a copy of every report sent to
them under this paragraph before the National Assembly for
Wales.”

25Part 4 General

51 Consequential provision

(1) Schedule 5 contains minor and consequential amendments.

(2) The Secretary of State may by regulations make such consequential provision
30in connection with any provision of this Act as the Secretary of State considers
appropriate.

(3) Regulations under subsection (2) may amend, repeal, revoke or otherwise
modify—

(a) an enactment contained in primary legislation, or

(b) 35an instrument made under an enactment contained in primary
legislation.

(4) Regulations under subsection (2) may make—

(a) different provision for different purposes or cases;

(b) provision generally or for specific cases;

(c) 40provision subject to exceptions;

(d) provision for the delegation of functions;

(e) transitional or saving provision.

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(5) The power to make regulations under subsection (2) is exercisable by statutory
instrument.

(6) A statutory instrument containing regulations under subsection (2) that
includes provision amending or repealing any provision of primary legislation
5may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(7) Any other statutory instrument containing regulations under subsection (2), if
made without a draft having been approved by a resolution of each House of
Parliament, is subject to annulment in pursuance of a resolution of either
10House of Parliament.

(8) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly for Wales.

52 Transitional provision and savings

(1) 15Schedule 6 contains transitional provision and savings.

(2) The Secretary of State may by regulations make any other transitional or saving
provision that may appear appropriate in consequence of, or otherwise in
connection with, this Act.

(3) Regulations under subsection (2) may, in particular, include any savings from
20the effect of any amendment or repeal or revocation made by this Act.

(4) Regulations under subsection (2) may make—

(a) different provision for different purposes or cases;

(b) provision generally or for specific cases;

(c) provision subject to exceptions.

(5) 25Nothing in Schedule 6 limits the power conferred by subsection (2).

(6) Nothing in that Schedule, or in any provision made by virtue of subsection (2),
prejudices the operation of sections 16 and 17 of the Interpretation Act 1978.

(7) The power to make regulations under subsection (2) is exercisable by statutory
instrument.

(8) 30A statutory instrument containing regulations under subsection (2) is subject
to annulment in pursuance of a resolution of either House of Parliament.

53 Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) 35section 51(2) to (8);

(b) section 52 and Schedule 6;

(c) this section;

(d) section 54.

(2) The following provisions come into force at the end of the period of two
40months beginning with the day on which this Act is passed—

(a) sections 1 and 2;

(b) section 15;