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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Welsh Statutory Instrument has been made in consequence of defects in S.I. 2025/690 (W.114), S.I. 2025/887 (W. 154) and S.I. 2025/1192 (W. 193) and is being issued free of charge to all known recipients of those Statutory Instruments.

Welsh Statutory Instruments

2026 No. 85

INFRASTRUCTURE PLANNING, WALES

The Infrastructure Consent (Consequential and Miscellaneous Amendments) (Wales) Regulations 2026

Made

17 March 2026

Coming into force

2 June 2026

The Welsh Ministers, in exercise of the powers conferred on them by sections 27(1)(a), 29(2) and (3), 32(4)(f), 141(2), 144(1)(a) and (2) and 146(6) of the Infrastructure (Wales) Act 2024(1), make the following Regulations.

Title and coming into force

1. —(1) The title of these Regulations is the Infrastructure Consent (Consequential and Miscellaneous Amendments) (Wales) Regulations 2026.

(2) These Regulations come into force on 2 June 2026.

Amendments to the Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

1. Regulation 4 of the Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013(2) is amended as follows—

(a) in paragraph (1A)—

(i) in sub-paragraph (b), for “an infrastructure consent order” substitute “a relevant infrastructure consent order”;

(ii) in the words after sub-paragraph (b), for “or an infrastructure consent order” substitute “as so changed, the infrastructure consent order as so changed or the relevant infrastructure consent order”;

(b) in paragraph (3A)—

(i) in sub-paragraph (b)(i), for “a relevant infrastructure consent order” substitute “an infrastructure consent order”;

(ii) in the words after sub-paragraph (b)(ii)—

(aa) for “or infrastructure” substitute “, infrastructure”;

(bb) after “(as changed)”, in the second place it occurs, insert “or the relevant infrastructure consent order (as changed)”.

Amendment to the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025

1. In regulation 2(1) of the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025(3), omit the definition of “the EIA Regulations”.

Amendment to the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025

1. In regulation 9(4) of the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025(4), for “screening opinion of direction, or a scoping opinion of direction” substitute “screening opinion or screening direction, or scoping opinion or scoping direction”.

Amendments to the Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025

1. The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025(5) are amended as follows—

(a) in regulation 12—

(i) in paragraph (26), omit sub-paragraph (c);

(ii) in paragraph (42), omit sub-paragraph (l)(i);

(b) in regulation 20, omit paragraph (5).

Amendments to the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

1. The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017(6) are amended as follows—

(a) in regulation 28(2)—

(i) in sub-paragraph (b)(i), after “planning authority” insert “, examining authority, specified person”;

(ii) in sub-paragraph (b)(iv), after “authority” insert “, examining authority, specified person”;

(b) in Schedule 6, in paragraph 20(b), in the restatement of regulation 56(1)(a), after “permit by” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,”.

Rebecca Evans

Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers

17 March 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make consequential and miscellaneous amendments to a number of Regulations to correct errors, or clarify provision made in those Regulations.

Regulation 2 amends the Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013.

Regulation 3 amends the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025.

Regulation 4 amends the Infrastructure Consent (Miscellaneous Provisions) (Wales) Regulations 2025.

Regulation 5 amends the Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025.

Regulation 6 amends the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1) 2024 asc 3.

(2) S.I. 2013/2696, amended by S.I. 2019/294 and S.I. 2025/1192.

(3) S.I. 2025/690 (W. 114).

(4) S.I. 2025/887 (W. 154).

(5) S.I. 2025/1192 (W. 193).

(6) S.I. 2017/567 (W. 136) amended by S.I. 2025/119; there are other amendments, but none is relevant to this instrument.

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