Legislation – Wales Act 2017

Part 1
Constitutional arrangements

1 Permanence of the National Assembly for Wales and Welsh Government

2 Convention about Parliament legislating on devolved matters

3 Legislative competence

4 Devolved Welsh authorities

5 Power to make provision about elections

6 Timing of elections

7 Electoral registration: the digital service

8 Elections of police and crime commissioners

9 Super-majority requirement for certain legislation

10 Super-majority requirement: amendments relating to procedure

11 Introduction of Bills: justice impact assessment

12 Submission of Bills for Royal Assent: role of Presiding Officer

13 Financial control, accounts and audit

14 Composition of Assembly committees

15 Assembly proceedings: participation by UK Ministers etc

16 Change of name of the Assembly etc: translation of references

17 Welsh rates of income tax: removal of referendum requirement

18 Lending for capital expenditure

19 Functions of Welsh Ministers

20 Implementation of EU law

21 Transfer of Ministerial functions

22 Consultation about cross-border bodies

Part 2
Legislative and executive competence: further provision

23 Onshore petroleum licensing

24 Onshore petroleum: existing licences

25 Onshore petroleum: right to use deep-level land in Wales

26 Roads: speed limits, pedestrian crossings and traffic signs

27 Bus service registration and traffic commissioners

28 Taxis: transfer of functions to Welsh Ministers

29 Welsh harbours

30 Amendments of Harbours Act 1964

31 Application of general provisions to transfer of functions in sections 29 and 30

32 Reserved trust ports

33 Development consent

34 Exercise of functions in relation to cross-border harbours

35 Cross-border exercise of pilotage functions

36 Exercise of functions in relation to two or more harbours

37 Consequential amendments to consent requirements in Harbours Act 1964

38 Sections 34 to 37: supplementary

39 Development consent for generating stations with 350MW capacity or less

40 Generating stations and public rights of navigation

41 Safety zones around renewable energy installations

42 Overhead lines associated with devolved Welsh generating stations

43 Alignment of associated development consent

44 Equal opportunities: public sector equality duty

45 Public sector duty regarding socio-economic inequalities

46 Marine licensing in the Welsh offshore region

47 Marine conservation zones

48 Water and sewerage

49 Modification of water-related functions

50 Water protocol

51 Reciprocal cross-border duties in relation to water

52 Repeal of intervention powers relating to water

53 Transfer of functions in relation to fishing vessels

54 Transfer of functions in relation to excepted energy buildings

55 Renewable energy incentive schemes

56 Financial assistance for inland waterway and sea freight

57 Maritime and Coastguard Agency

58 Gaming machines on licensed betting premises

Part 3
Welsh tribunals

59 The Welsh tribunals

60 President of Welsh Tribunals

61 Directions as to practice and procedure

62 Cross-deployment of members of the Welsh tribunals

63 Cross-deployment of tribunal members and judges

64 Power to amend section 63

Part 4
Miscellaneous

65 Provision of information to the Office for Budget Responsibility

66 Gas and Electricity Markets Authority

67 Licensing of coal-mining operations: approval by Welsh Ministers

68 Office of Communications

Part 5
General

69 Consequential provision

70 Transitional provision and savings

71 Commencement

SCHEDULES

SCHEDULE 1 New Schedule 7A to the Government of Wales Act 2006

SCHEDULE 2 New Schedule 7B to the Government of Wales Act 2006

SCHEDULE 3 New Schedule 9A to the Government of Wales Act 2006

SCHEDULE 4 New Schedule 3A to the Government of Wales Act 2006

SCHEDULE 5 President of Welsh Tribunals

SCHEDULE 6 Minor and consequential amendments

SCHEDULE 7 Transitional provisions

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Wales Act 2017, Section 42 is up to date with all changes known to be in force on or before 30 March 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

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Part 2Legislative and executive competence: further provision

Planning for electricity generating stations

42Overhead lines associated with devolved Welsh generating stations

(1)

Section 37 of the Electricity Act 1989 (consent required for overhead lines) is amended as set out in subsection (2) and (3).

(2)

In subsection (1), for ““(2)”” substitute “
(2A)
”.

(3)

After subsection (2) insert—

“(2A)

Subsection (1) above shall not apply in relation to an electric line that—

(a)

has a nominal voltage of 132 kilovolts or less, and

(b)

is associated with the construction or extension of a devolved Welsh generating station granted planning permission or consented to on or after the day on which section 39 of the Wales Act 2017 comes into force.

(2B)

““Devolved Welsh generating station”” means a generating station that—

(a)

is in Wales and—

(i)

generates electricity from wind, or

(ii)

has a maximum capacity of 350 megawatts or less; or

(b)

is in Welsh waters and has a maximum capacity of 350 megawatts or less.

(2C)

““Welsh waters”” has the meaning given in section 36 above.”

(4)

In section 16 of the Planning Act 2008 (electric lines), after subsection (3A) insert—

“(3B)

The installation of an electric line above ground is not within section 14(1)(b) if the line is associated with the construction or extension of a devolved Welsh generating station granted planning permission or consented to on or after the day on which section 39 of the Wales Act 2017 comes into force and the nominal voltage of the line is expected to be no greater than 132 kilovolts.

(3C)

““Devolved Welsh generating station”” means a generating station that—

(a)

is in Wales and—

(i)

generates electricity from wind, or

(ii)

has a capacity of 350 megawatts or less; or

(b)

is in waters adjacent to Wales up to the seaward limits of the territorial sea or in the Welsh zone and has a capacity of 350 megawatts or less.

(3D)

““Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.”