The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019

Made: 18th February 2019

Laid before the National Assembly for Wales: 20 February 2019

Coming into force: 1 April 2019

The Welsh Ministers, in exercise of the powers conferred on them by sections 36(8A), 36C(2) and (6) and 60 of the Electricity Act 1989 , make the following Regulations:

Title, commencement and application

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• (1) The title of these Regulations is the Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019 and they come into force on 1 April 2019.

• (2) These Regulations apply in relation to any inquiry caused by the Welsh Ministers to be held on or after 1 April 2019 into an application or variation application.

Interpretation

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• (1) In these Regulations—

• “the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990 ;

• “the Applications for Consent Regulations” (“y Rheoliadau Ceisiadau am Gydsyniad”) means the Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019 ;

• “the Variation of Consents Regulations” (“y Rheoliadau Amrywio Cydsyniadau”) means the Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019 ;

• “additional inspector” (“arolygydd ychwanegol”) means an inspector appointed by the Welsh Ministers under regulation7(2)(a);

• “applicant” (“ceisydd”) means the person making an application or variation application;

• “application” (“cais”) means, except where the context requires otherwise, an application to the Welsh Ministers for consent under section 36 to construct, extend or operate a generating station , together with any application under section 36A for a declaration relating to rights of navigation which is made with the application under section 36;

• “assessor” (“asesydd”) means a person appointed by the Welsh Ministers to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Welsh Ministers may specify;

• “by local advertisement” (“drwy hysbyseb leol”) in relation to a notice, means by publication of the notice in at least one newspaper such that the notice is likely to come to the attention of those likely to be affected by the consent applied for if given;

• “document” (“dogfen”) includes a photograph, map or plan;

• “electronic communication” (“cyfathrebiad electronig”) has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;

• “infrastructure consent development” (“datblygiad cydsyniad seilwaith”) means any development in respect of which an applicant is applying for consent in accordance with the provisions of the Infrastructure (Wales) Act 2024;

• “inquiry” (“ymchwiliad”) means an inquiry in relation to which these Regulations apply; and where an inquiry is conducted by means of concurrent sessions, it includes any such session;

• “inspector” (“arolygydd”) includes a lead inspector and an additional inspector;

• “interested authority” (“awdurdod â buddiant”) means any local planning authority in Wales upon whom the applicant has served notice of the application in accordance with regulation 5 of the Applications for Consent Regulations;

• “lead inspector” (“arolygydd arweiniol”) means a person appointed by the Welsh Ministers to hold an inquiry or a re-opened inquiry;

• “local planning authority” (“awdurdod cynllunio lleol”) has the same meaning as in Part I of the 1990 Act;

• “mediator” (“cyfryngwr”) means a person appointed by the Welsh Ministers under regulation 9;

• “outline statement” (“datganiad amlinellol”) means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

• “person entitled to appear” (“person sydd â hawl i ymddangos”) means a person described in regulation 17(1), and cognate expressions are to be construed accordingly;

• “place” (“lle”) means, unless the context otherwise requires, the place to which an inquiry relates, that is, the place where—it is proposed to construct the generating station, where the proposed extension will be or where the station proposed to be operated is situated; ...any section 90 development will be situated ; and any infrastructure consent development will be situated;

• “pre-inquiry meeting” (“cyfarfod rhagymchwiliad”) means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held about the same inquiry, references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

• “qualifying objector” (“gwrthwynebydd cymwys”) means—where the Welsh Ministers have caused an inquiry to be held under regulation 9(1) or 10 of the Applications for Consent Regulations, anyone who objected to the application by the date and in the manner provided for in regulation 8(1) of those Regulations;where the Welsh Ministers have caused an inquiry to be held under regulation 6 of the Variation of Consent Regulations, any person who made representations objecting to the variation application by the date provided for in regulation 5(6)(b)(iii) of those Regulations,and whose objection has not been withdrawn;

• “qualifying planning authority” (“awdurdod cynllunio cymwys”) means—where the Welsh Ministers have caused an inquiry to be held under regulation 9(1) of the Applications for Consent Regulations, any relevant planning authority who has objected to the application in accordance with regulation 8(2) of those Regulations and whose objection has not been withdrawn;where the Welsh Ministers have caused an inquiry to be held under regulation 6 of the Variation of Consents Regulations, any relevant planning authority, if they have made representations (which have not been withdrawn) objecting to a variation application;

• “registration form” (“ffurflen gofrestru”) means a form for completion by persons who wish to participate in the inquiry;

• “relevant notice” (“hysbysiad perthnasol”) means the Welsh Ministers' written notice under regulation 4(1);

• “relevant planning authority” (“awdurdod cynllunio perthnasol”) in the case of—an inquiry into an application, has the same meaning as in regulation 2(1) of the Applications for Consent Regulations;an inquiry into a variation application, has the same meaning as in regulation 2 of the Variation of Consents Regulations;

• “section 90 development” (“datblygiad adran 90”) means any development in respect of which an applicant, on making an application or variation application, requests the Welsh Ministers to give a direction under section 90(2) or (2ZA) of the 1990 Act (deemed planning permission for development with government authorisation);

• “statement of case” (“datganiad achos”) means a written statement which contains—full particulars of the case which a person proposes to put forward at an inquiry;a list of any documents which that person intends to refer to or put in evidence;a list of the individuals whom that person proposes to call as witnesses; andthe subject-matter of the evidence of each such witness;

• “statement of common ground” (“datganiad tir cyffredin”) means a written statement prepared jointly by the relevant planning authority (where it is a local planning authority in Wales) and the applicant, which contains agreed factual information about the proposal which is the subject of the application or the variation application;

• “technical adviser” (“cynghorydd technegol”) means a person appointed by the Welsh Ministers under regulation 8;

• “variation application” (“cais i amrywio”) has the same meaning as in regulation 2 of the Variation of Consents Regulations.

• (2) Unless otherwise stated, any reference in these Regulations to a numbered section is a reference to that section of the Electricity Act 1989.

• (3) Subject to paragraph (5), a requirement imposed by these Regulations on the Welsh Ministers or the inspector to circulate a document is met by sending a copy of that document to—

• (a) the relevant planning authority;

• (b) the applicant; and

• (c) each qualifying objector who has indicated in accordance with regulation 6(4)(b)(iv) that they are likely to want to be represented formally and to play a major part in the inquiry.

• (4) Subject to paragraph (5), a requirement imposed by these Regulations on the Welsh Ministers or the inspector to deposit a document is met by sending a copy of it—

• (a) in the case of an inquiry into an application—

• (i) where part of the place to which the application relates is within the area of a relevant planning authority, to the relevant planning authority; or

• (ii) where no part of the place to which the application relates is within the area of a relevant planning authority, to the interested authority; and

• (b) in the case of an inquiry into a variation application, to any relevant planning authority which is a local planning authority in Wales.

• (5) Nothing in paragraph (3) or (4) requires the Welsh Ministers or the inspector to send a copy of a document to the person from whom it was received.

• (6) A requirement imposed by these Regulations on the Welsh Ministers to publish a notice on a website is met—

• (a) by publication of the notice, or of the details required to be contained in that notice, on a website maintained by the Welsh Ministers; or

• (b) by publication of a link on a website maintained by the Welsh Ministers to another website on which the notice is published or the details required to be contained in that notice are published.

Electronic communications

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• (1) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being carried out electronically—

• (a) the expression “address” includes any number or address used for the purposes of such communications, except that where any provision of these Regulations requires any person to provide a name and address to any other person, the requirement is not fulfilled unless the person subject to the requirement provides a postal address;

• (b) references to statements, notices, or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

• (2) Paragraphs (3) to (7) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement of these Regulations to give or send any statement, notice or other document to any other person (“the recipient”)

• (3) The requirement is taken to be fulfilled where the statement, notice or other document transmitted by means of the electronic communication is—

• (a) capable of being accessed by the recipient;

• (b) legible in all material respects; and

• (c) sufficiently permanent to be used for subsequent reference.

• (4) In paragraph (3), “legible in all material respects” means that the information contained in the statement, notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

• (5) Where the electronic communication is received by the recipient outside the recipient's business hours, it will be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 .

• (6) A requirement of these Regulations that any document must be in writing is fulfilled where that document satisfies the criteria in paragraph (3).

• (7) A requirement in these Regulations to send more than one copy of a statement, notice or other document may be complied with by transmitting one copy only of the statement, notice or other document in question.

Notice by the Welsh Ministers

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• (1) The Welsh Ministers must send the applicant and the relevant planning authority in writing—

• (a) notice that an inquiry is to be held;

• (b) notice that there will be a pre-inquiry meeting or that they have decided not to hold one in accordance with regulation 10(2); and

• (c) a statement of the matters which, in their view, are the matters to be considered at the inquiry.

• (2) The Welsh Ministers may at any time modify the statement referred to in paragraph (1)(c) and if they do so they must send the modified statement to the applicant who must publish by local advertisement a notice of the modification made.

• (3) Where the Welsh Ministers have modified the statement referred to in paragraph (1)(c) under paragraph (2), they must publish a notice of the modification made on a website.

Preliminary information to be supplied

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The Welsh Ministers must as soon as practicable after the issue of a relevant notice inform the applicant and any qualifying planning authority in writing of the name and address of any qualifying objector.

Registration

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• (1) The Welsh Ministers must as soon as practicable after the issue of a relevant notice send to each person entitled to appear or whom they know to have an interest in the proposal, a copy of the statement sent by the Welsh Ministers under regulation 4(1)(c) and a registration form in the form provided for in paragraph (4).

• (2) On receipt of the relevant notice, the applicant must publish by local advertisement a notice stating—

• (a) that these Regulations apply to the inquiry;

• (b) the matters contained in the statement sent by the Welsh Ministers under regulation 4(1)(c);

• (c) the arrangements for the first pre-inquiry meeting, if any; and

• (d) that persons interested in participating in the inquiry should obtain a registration form from the Welsh Ministers.

• (3) The Welsh Ministers must as soon as practicable after the applicant has complied with paragraph (2) publish the notice referred to in that paragraph on a website.

• (4) The registration form must—

• (a) include the address to which completed forms must be returned and the date by which that must be done, which must be no later than eight weeks after the date of the relevant notice;

• (b) request the following information—

• (i) the name, address and telephone number of the person registering;

• (ii) the name, address and telephone number of any agent, or, in the case of an organisation, of the contact person;

• (iii) whether or not the person registering has an interest in any land to which the inquiry relates which will be affected by the proposal;

• (iv) whether or not the person registering is likely to want to be represented formally and play a major part in the inquiry;

• (v) if not, whether or not the person registering wishes to give oral evidence at the inquiry or wishes only to submit representations in writing; and

• (c) request that the completed registration form is accompanied by two copies of an outline statement from the person registering.

• (5) The Welsh Ministers must, as soon as practicable after the date by which the registration form must be returned under paragraph (4)(a), circulate each outline statement received by them as mentioned in paragraph (4)(c).

Additional inspectors

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• (1) At any time after appointing the lead inspector, the Welsh Ministers may direct the lead inspector—

• (a) to consider such matters relating to the conduct of the inquiry as are specified in the direction;

• (b) to make recommendations to the Welsh Ministers about those matters.

• (2) After considering the recommendations of the lead inspector, the Welsh Ministers may—

• (a) appoint for the purposes of the inquiry such number of additional inspectors as they think appropriate; and

• (b) direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to that additional inspector by the lead inspector.

• (3) An additional inspector must—

• (a) comply with every direction as to procedural matters given to that additional inspector by the lead inspector; and

• (b) report to the lead inspector on every matter allocated to that additional inspector.

• (4) The lead inspector must report to the Welsh Ministers on the consideration of—

• (a) matters which the lead inspector has considered; and

• (b) matters the consideration of which was allocated to additional inspectors.

• (5) The Welsh Ministers may give directions to the lead inspector on one or more occasions after the appointment of the lead inspector.

• (6) The recommendations that may be made by the lead inspector following a direction include, in particular, a recommendation for varying the number of additional inspectors.

• (7) The power of the Welsh Ministers to appoint an additional inspector includes power to revoke an appointment.

• (8) A direction by the Welsh Ministers under this regulation may be varied or revoked by a subsequent direction.

Appointment of technical adviser

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• (1) If it appears to the Welsh Ministers that evidence to be given to the inquiry is, or is likely to be, of such technical or scientific nature that the inquiry would be conducted more efficiently and expeditiously if an expert and independent assessment of that evidence were to be made, they may at any time appoint a technical adviser for that purpose.