Transitional provisions17

1

The amendments made by those paragraphs of Schedule 5 to the 2015 Act listed in article 4 do not apply to proceedings instituted before 1 March 2016.

2

For the purposes of paragraph (1) “instituted” (“a gychwynnir”) means—

a

in relation to section 121 of the Highways Act 1980, the question of whether the withholding of a consent is unreasonable or whether any requirement is reasonable falls to be determined by the Welsh Ministers;

b

in relation to section 28F of the Wildlife and Countryside Act 1981, an appeal reaches the Welsh Ministers;

c

in relation to section 28L of the Wildlife and Countryside Act 1981, an appeal is made under section 28L(1);

d

in relation to Schedule 15 of the Wildlife and Countryside Act 1981, an order is submitted to the Welsh Ministers for confirmation under paragraph 7 of that Schedule;

e

in relation to section 175 of the 1990 Act, written notice of appeal under section 174 of the 1990 Act is given;

f

in relation to section 196 of the 1990 Act, notice of appeal under section 195 of the 1990 Act is served;

g

in relation to section 208 of the 1990 Act, written notice of appeal is given or sent;

h

in relation to section 320 of the 1990 Act, a local inquiry is caused to be held;

i

in relation to proceedings to which section 322 of the 1990 Act applies or would but for paragraph 13 of Schedule 5 to the 2015 Act have applied, the application or reference is made or notice of appeal is given;

j

in relation to proceedings to which section 322A of the 1990 Act applies or would but for paragraph 14 of Schedule 5 to the 2015 Act have applied, the Welsh Ministers are required to make arrangements for a hearing or inquiry to be held or arrangements are made for a hearing or inquiry in accordance with section 319B of the 1990 Act;

k

in relation to an appeal under the 1990 Act to which Schedule 6 of that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry;

l

in relation to Schedule 8 to the 1990 Act, a reference to the Planning Inquiry Commission is made by the Welsh Ministers;

m

in relation to section 41 of the Planning (Listed Buildings and Conservation Areas) Act 1990, notice of appeal under section 39 of that Act is given;

n

in relation to an appeal under the Planning (Listed Buildings and Conservation Areas) Act 1990 to which Schedule 3 to that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry;

o

in relation to section 25 of the Planning (Hazardous Substances) Act 1990, an appeal is made under that section; and

p

in relation to an appeal under the Planning (Hazardous Substances) Act 1990 to which the Schedule to that Act applies, an appointed person determines to hold a hearing or local inquiry or is directed by the Welsh Ministers to hold a local inquiry.