Legislation – Wales Act 2017
Changes to legislation:
Wales Act 2017, Section 40 is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 40:
- specified provision(s) transitional and savings provisions for commencing S.I. 2017/1179 by S.I. 2018/278 reg. 2 Sch.
Part 2Legislative and executive competence: further provision
Planning for electricity generating stations
40Generating stations and public rights of navigation
(1)
Section 36A of the Electricity Act 1989 (declarations extinguishing etc public rights of navigation) is amended as set out in subsections (2) to (5).
(2)
In subsection (1)—
(a)
for ““the Secretary of State or the Scottish Ministers”” substitute “
;
the appropriate authority
”
(b)
for ““he or (as the case may be) they”” substitute “
.
the appropriate authority
”
(3)
In subsection (2), for ““The Secretary of State or the Scottish Ministers”” substitute “
.
The appropriate authority
”
(4)
In subsection (6)—
(a)
for ““the Secretary of State or the Scottish Ministers”” substitute “
;
the appropriate authority
”
(b)
for ““him or them””, in both places, substitute “
.
the appropriate authority
”
(5)
“““appropriate authority”” has the same meaning as in section 36;”.
(6)
Section 36B of that Act (duties in relation to navigation) is amended as set out in subsections (7) to (10).
(7)
In subsection (1)—
(a)
for ““Neither the Secretary of State nor the Scottish Ministers may”” substitute “
;
The appropriate authority may not
”
(b)
for ““he considers, or (as they case may be) they consider,”” substitute “
.
the appropriate authority considers
”
(8)
In subsection (2), for ““both of the Secretary of State and of the Scottish Ministers”” substitute “
.
of the appropriate authority
”
(9)
In subsection (3), for ““the Secretary of State or (as the case may be) the Scottish Ministers”” substitute “
.
the appropriate authority
”
(10)
In subsection (4)(a), for ““the Secretary of State and the Scottish Minister have exercised or will exercise their powers”” substitute “
.
the appropriate authority has exercised or will exercise its powers
”
(11)
Section 100 of the Energy Act 2004 (further provision relating to public rights of navigation) is amended as set out in subsections (12) to (14).
(12)
In subsection (1) omit ““the consenting authority””.
(13)
In subsections (3), (6) and (7), for ““the consenting authority”” substitute “
.
the appropriate authority
”
(14)
“““appropriate authority”” has the same meaning as in section 36 of the Electricity Act 1989;”.