SCHEDULE 7REGULATIONS AND ORDERS MADE BY WELSH MINISTERS
Orders under TCPA 1990
5
In section 59 of TCPA 1990 (development orders: general), after subsection (3) insert—
4
In this Act, references to a development order are—
a
in relation to England, references to a development order made by the Secretary of State;
b
in relation to Wales, references to a development order made by the Welsh Ministers.
6
1
Section 333 of TCPA 1990 is amended as follows.
2
In subsection (4), after “power” insert “
of the Secretary of State
”
.
3
For subsection (4A) substitute—
4A
The power of the Welsh Ministers to make development orders and orders under sections 2(1B), 55(2)(f), 87(3), 149(3)(a), 293(1)(c) and 319B(9) is exercisable by statutory instrument.
4B
A development order made by the Welsh Ministers may make different provision for different purposes, for different cases (including different classes of development) and for different areas.
4
In subsection (5)—
a
in paragraph (a), after “an order under” insert “
subsection (1) of
”
;
b
in paragraph (b)—
i
after “a development order” insert “
made by the Secretary of State
”
;
ii
after “an order” insert “
made by the Secretary of State
”
;
iii
omit “(unless it is made by the National Assembly for Wales)”.
5
After subsection (5A) insert—
5B
A statutory instrument containing any of the following is subject to annulment in pursuance of a resolution of the National Assembly for Wales—
a
an order under subsection (1B) of section 2 which has been made after a local inquiry has been held in accordance with subsection (2) of that section,
b
a development order made by the Welsh Ministers, or
c
an order under section 87(3) or 149(3)(a) made by the Welsh Ministers.
5C
The Welsh Ministers may not make a statutory instrument containing an order under section 62L(9), 293(1)(c) or 319B(9) unless a draft of the instrument has been laid before and approved by resolution of the National Assembly for Wales.
6
In subsection (6)—
a
after “subsection (5)” insert “
or (5B)
”
;
b
after “each House of Parliament” insert “
(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)
”
.
7
1
TCPA 1990 is further amended as follows.
2
In section 78 (right to appeal against planning decisions and failure to take such decisions), omit subsections (4B) to (4D).
3
In section 195 (appeals against refusal or failure to give decision on application for certificate), omit subsections (1D) to (1F).
4
In section 293 (application of Act to Crown land: preliminary definitions), in subsection (5), after “order made” insert “
by the Secretary of State
”
.
5
In section 319B (determination of procedure for certain proceedings), omit subsection (11).