Statutory Instruments with Clear Reports
18 March 2019
SL(5)339 – The Electricity (Offshore Generating Stations) (Safety Zones) (Application Procedures and Control of Access) (Amendment) (Wales) Regulations 2019
Procedure: Negative
These Regulations amend the Electricity (Offshore Generating Stations) (Safety Zones) Application Procedures and Control of Access Regulations 2007 (S.I./2007/1948), as a consequence of section 41 of the Wales Act 2017. Section 41 comes into force on 1 April 2019.
Section 41 amends section 95 and 96 of the Energy Act 2004, so that Welsh Ministers will have functions in relation to declaring safety zones around offshore renewable energy installations (with a capacity up to 350MW) in Welsh Waters,. It is a criminal offence for vessels to enter or remain in a safety zone unless permitted to do so by means of a safety zone notice issued by the appropriate Minister (in Welsh waters, this will be the Welsh Ministers).
The 2007 Regulations provide for information which needs to accompany a safety zone application, as well as the procedural requirements which need to be met. They also make provision for exemptions to the prohibition on entry into, and activities in, a safety zone.
Parent Act: Wales Act 2017
Date Made: 18 February 2019
Date Laid: 20 February 2019
Coming into force date: 01 April 2019
SL(5)340 – The Electricity (Offshore Generating Stations) (Fees) (Wales) Regulations 2019
Procedure: Negative
From 1 April 2019, the Welsh Ministers will be the appropriate authority in relation to applications under sections 36 and 36A of the Electricity Act 1989 (the “1989 Act”) relating to generating stations in Welsh waters which have a capacity not exceeding 350 megawatts.
These Regulations provide for the payment of fees in respect of applications for consent under section 36 of the 1989 Act to construct, extend or operate an offshore generating station.
Parent Act: Electricity Act 1989
Date Made: 18 February 2019
Date Laid: 20 February 2019
Coming into force date: 01 April 2019
SL(5)347 – The Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019
Procedure: Negative
This Order Amends the Developments of National Significance (Procedure) Wales Order 2016 (the “Procedure Order”).
Article 2 amends articles 8 (which relates to the publicising of proposed applications) and 12 (which provides for general requirements in respect of applications) of the Procedure Order. The amendments add requirements where development consists of the installation of certain kinds of overhead electric lines. The requirements relate to the information that a proposed applicant must publish, and the content of the application.
Schedules 1 and 2 substitute the forms of notice in the Procedure Order to take account of the fact that decisions on consents connected with the development of certain overhead electric lines may be taken by a person appointed by the Welsh Ministers for that purpose.
Schedule 3 amends Schedule 5 to the Procedure Order to amend the requirements in respect of the specialist consultees who must be consulted by the Welsh Ministers before the grant of planning permission.
Parent Act: Town and Country Planning Act 1990
Date Made: 4 March 2019
Date Laid: 5 March 2019
Coming into force date: 01 April 2019
SL(5)361 – The Zoonotic Disease Eradication and Control (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
Procedure: Negative
These Regulations make minor technical amendments to the following subordinate legislation, which apply in relation to Wales in relation to the monitoring and control of zoonotic disease and tuberculosis:
The Zoonoses (Monitoring) (Wales) Regulations 2007 (SI 2007/2459)
The Tuberculosis (Wales) Order 2010 (SI 2010/1379)
The amendments are to ensure that the statute book remains operable following the UK’s exit from the EU and will address deficiencies in domestic legislation arising from EU Exit.
Parent Act: European Union (Withdrawal) Act 2018
Date Made: 25 February 2019
Date Laid: 27 February 2019
Coming into force: in accordance with regulation 1(2)
SL(5)387 – The National Health Service (Dental Charges) (Wales) (Amendment) Regulations 2019
Procedure: Negative
These Regulations amend the National Health Service (Dental Charges) (Wales) Regulations 2006 (“the 2006 Regulations”).
Regulation 2 amends regulation 4 of the 2006 Regulations (calculation of charges) by increasing the applicable charge payable for a Band 1, a Band 2 and a Band 3 course of treatment.
Parent Act: National Health Service (Wales) Act 2006
Date Made: 5 March 2019
Date Laid: 6 march 2019
Coming into force date: 01 April 2019
SL(5)391 – Sea Fishing (Licences and Notices) (Wales) Regulations 2019
Procedure: Negative
These Regulations relate to licences issued in respect of Welsh fishing boats under sections 4 and 4A of the Sea Fish (Conservation) Act 1967, and to notices varying, suspending or revoking such licences. They revoke and replace, in relation to such licences and notices, the Sea Fishing (Licences and Notices) Regulations 1994.
They provide for the manner in which such licences are to be granted, varied, suspended or revoked, and for the time when such a grant, variation, suspension or revocation is to take effect.
Parent Act: Sea Fish (Conservation) Act 1967
Date Made: 6 March 2019
Date Laid: 7 March 2019
Coming into force: in accordance with regulation 1(1)
SL(5)371 – The Partnership Arrangements and Population Assessments (Miscellaneous Amendments) (Wales) Regulations 2019
Procedure: Affirmative
These draft Regulations amend the Partnership (Wales) Regulations 2015 (“the Partnership Regulations”) and the Care and Support (Partnership Arrangements for Population Assessments) (Wales) Regulations 2015 (“the Population Assessments Regulations”) in order to take into account health board boundary changes which will take place from 1st April 2019.
The draft Regulations amend the Partnership Regulations in order to:
• Change the partners included in both the Cwm Taf and Western Bay Regional Partnership Board areas to take account of the change to the boundaries of Abertawe Bro Morgannwg and Cwm Taf health boards;
• Change the names of the regional partnership boards affected by this health board boundary change to reflect the new names of the Swansea Bay and Cwm Taf Morgannwg health boards;
• Clarify requirements for regional partnership boards to establish regional pooled funds in relation to care home places for older people;
• Require housing and education representation on regional partnership boards;
• Clarify when regional partnership boards must produce annual reports.
They also amend the Population Assessments Regulations in order to:
• Change the partnership arrangements for population assessments to take account of the health board boundary change;
• Change references to the names of the health boards above to reflect changes to those names as a result of the boundary change.
Parent Act: Social Services and Well-being (Wales) Act 2014
Date Made:
Date Laid:
Coming into force date: