The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

Part 1 · General

1Title, commencement and application#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

2Interpretation#

(1)In these Regulations—• “the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990;• “the 1991 Act” (“Deddf 1991”) means the Planning and Compensation Act 1991 ^note;• “the 1995 Act” (“Deddf 1995”) means the Environment Act 1995 ^note;• “the 2012 Order” (“Gorchymyn 2012”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 ^note;• “the 2016 Order” (“Gorchymyn 2016”) means the Developments of National Significance (Procedure) (Wales) Order 2016 ^note;• “any other information” (“unrhyw wybodaeth arall”) means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;• “any particular person” (“unrhyw berson penodol”) includes any non-governmental organisation promoting environmental protection;• “by local advertisement” (“drwy hysbyseb lleol”), in relation to a notice, means—(a) by publication of the notice in a newspaper circulating in the locality in which the land is situated; and(b) where the relevant planning authority maintains a website for the purpose of advertisement of applications, by publication of the notice on the website;• “commencement date” (“dyddiad cychwyn”) means 1 March 2016;• “the consultees” (“yr ymgynghoreion”) means—(a) in respect of an application for planning permission made to the Welsh Ministers, any authority, body or person which they are required to consult by virtue of article 22 of the 2016 Order and the bodies referred to in sub-paragraph (c) if not already within this sub-paragraph;(b) any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of article 14 of the 2012 Order (consultations before the grant of permission) or of any direction under that article and the bodies referred to in sub-paragraph (c) if not already within this sub-paragraph;(c) the following bodies—(i) any principal council for the area where the land is situated, if not the relevant planning authority;(ii) the Natural Resources Body for Wales ^note;(iii) other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the Welsh Ministers, as the case may be, consider are likely to have an interest in the application;• “the Directive” (“y Gyfarwyddeb”) means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, as adopted on 13 December 2011;• “dwellinghouse” (“tŷ annedd”) means a building or part of a building which is used as a single private dwelling and for no other purpose;• “EIA application” (“cais AEA”) means—(a) an application for planning permission for EIA development; or(b) a subsequent application in respect of EIA development;• “EIA development” (“datblygiad AEA”) means development which is either—(a) Schedule 1 development; or(b) Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;• “environmental information” (“gwybodaeth amgylcheddol”) means the environmental statement, including any further information and any other information, any representations made by any consultee and any representations duly made by any other person about the environmental effects of the development;• “environmental statement” (“datganiad amgylcheddol”) means a statement—(a) that includes such of the information referred to in Part 1 of Schedule 4 as is reasonably required to assess the environmental effects of the development and which the applicant or initiating body can reasonably be required to compile, having regard in particular to current knowledge and methods of assessment, but(b) that includes at least the information referred to in Part 2 of Schedule 4;• “exempt development” (“datblygiad esempt”) means development in respect of which the Welsh Ministers have made a direction under regulation 4(4);• “further information” (“gwybodaeth bellach”) has the meaning given in regulation 22(1);• “the General Regulations” (“yRheoliadau Cyffredinol”) means the Town and Country Planning General Regulations 1992 ^note;• “inspector” (“arolygydd”) means a person appointed by the Welsh Ministers to determine an appeal;• “the land” (“y tir”) means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;• “local development order” (“gorchymyn datblygu lleol”) means a local development order made pursuant to section 61A of the 1990 Act ^note;• “principal council” (“prif gyngor”) has the meaning given by section 270(1) (general provisions as to interpretation) of the Local Government Act 1972 ^note;• “register” (“cofrestr”) means a register kept pursuant to section 69 of the 1990 Act (registers of applications etc.) ^note and “appropriate register” (“cofrestr briodol”) means the register on which particulars of an application for planning permission for the relevant development have been placed or would be placed if such an application were made;• “relevant planning authority” (“awdurdod cynllunio perthnasol”) means the body to whom it falls, fell, or would fall, to determine an application for planning permission for the development in question, but for—(a) the development being a development of national significance for the purposes of section 62D of the 1990 Act ^note; or(b) a direction under section 77 of the 1990 Act (reference of applications to Secretary of State) ^note;• “Schedule 1 application” (“cais Atodlen 1”) and “Schedule 2 application” (“cais Atodlen 2”) mean an application for planning permission for Schedule 1 development and Schedule 2 development respectively;• “Schedule 1 development” (“datblygiad Atodlen 1”) means development, other than exempt development, of a description mentioned in Schedule 1;• “Schedule 2 development” (“datblygiad Atodlen 2”) means development, other than exempt development, of a description mentioned in Column 1 of the table in Schedule 2 where—(a) any part of that development is to be carried out in a sensitive area; or(b) any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively met or exceeded in relation to that development;• “scoping direction” (“cyfarwyddyd cwmpasu”) means a written direction of the Welsh Ministers as to the information to be provided in the environmental statement;• “scoping opinion” (“barn gwmpasu”) means a written opinion of the relevant planning authority as to the information to be provided in the environmental statement;• “screening direction” (“cyfarwyddyd sgrinio”) means a direction made by the Welsh Ministers as to whether development is EIA development;• “screening opinion” (“barn sgrinio”) means a written opinion of the relevant planning authority as to whether development is EIA development;• “sensitive area” (“ardal sensitif”) means any of the following—(a) land notified under section 28(1) (sites of special scientific interest) of the Wildlife and Countryside Act 1981 ^note;(b) a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ^note;(c) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage ^note;(d) a scheduled monument within the meaning given by section 3 of the Historic Environment (Wales) Act 2023;(e) an area of outstanding natural beauty designated as such by an order made under section 82(2) (areas of outstanding natural beauty) of the Countryside and Rights of Way Act 2000 ^note;(f) a European site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2010 ^note;• “subsequent application” (“cais dilynol”) means an application for consent, agreement or approval of a matter where the approval—(a) is required by or under a condition to which a planning permission is subject; and(b) must be obtained before all or part of the development permitted by the planning permission may be begun;• “subsequent consent” (“caniatâd dilynol”) means consent, agreement or approval granted pursuant to a subsequent application.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

3Prohibition on granting planning permission or subsequent consent without consideration of environmental information#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 · Screening

4General provisions relating to screening#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(8)

(a)

(b)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

5Requests for screening opinions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(8)

6Requests for screening directions of the Welsh Ministers#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

Part 3 · Procedures Concerning Applications for Planning Permission

7Applications which appear to require screening opinion#

Where it appears to the relevant planning authority that—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

paragraphs (4) and (5) of regulation 5 apply as if the receipt or lodging of the application were a request made under regulation 5(1).

8Subsequent applications where environmental information previously provided#

(1)

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Subsequent applications where environmental information not previously provided#

Where it appears to the relevant planning authority that—

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(b)

paragraphs (4) and (5) of regulation 5 apply as if the receipt or lodging of the application were a request made under regulation 5(1).

10Application made to a local planning authority without an environmental statement#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(8)

(9)Where a person making a surrender under regulation D14—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

11Application referred to the Welsh Ministers without an environmental statement#

(1)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

12Appeal to the Welsh Ministers without an environmental statement#

(1)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(a)

(b)

Part 4 · Preparation of Environmental Statements

13Scoping opinions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

14Scoping directions#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

15Procedure to facilitate preparation of environmental statements#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 · Publicity and Procedures on Submission of Environmental Statements

16Procedure where an environmental statement is submitted to a local planning authority#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

17Publicity where an environmental statement is submitted after the planning application#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(i)a parent with care cares for one child only, and

(ii)that child dies,

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and

(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.

(j)a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(8)

(a)

(b)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

18Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal#

Where an applicant for planning permission or subsequent consent has submitted an environmental statement, or further information, to the relevant planning authority in connection with that application and—

(a)

(b)

the applicant must supply the Welsh Ministers with one copy of the statement and, where relevant, the further information unless, in the case of a referred application, the relevant planning authority have already done so.

19Procedure where an environmental statement is submitted to the Welsh Ministers#

(1)

(a)

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(a)

(b)

20Availability of copies of environmental statements#

An applicant or appellant, who submits an environmental statement in connection with an application or appeal, must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to article 12 of the 2012 Order or regulation 17(2)(f) as the address at which such copies may be obtained.

21Charges for copies of environmental statements#

A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of a statement made available in accordance with regulation 20.

22Further information and evidence in respect of environmental statements#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and

(i)“transferor LGPS employer” means an authority or body which is a LGPS employer.

(j)a bank overdraft except where the overdraft was at the time it was taken out agreed to be for a specified amount repayable over a specified period;

(k)a loan obtained by the non-resident parent other than a loan obtained from a qualifying lender or the non-resident parent’s current or former employer;

(l)a debt in respect of which a variation has previously been agreed and which has not been repaid during the period for which the maintenance calculation which took account of the variation was in force; or

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(8)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

Part 6 · Availability of Directions etc. and Notification of Decisions

23Availability of opinions, directions etc. for inspection#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Duties to inform the public and the Welsh Ministers of final decisions#

(1)

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 7 · Development By a Local Planning Authority

25Modifications where application by a local planning authority#

Where the relevant planning authority is also (or would be) the applicant (whether alone or jointly with any other person), these Regulations apply to an EIA application (or proposed application) subject to the following modifications—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(i)paragraph (1) read—“1 When a relevant planning authority making an EIA application lodge a statement, referred to as an “environmental statement”, they must—a provide to each consultee a copy of—i that statement;ii the relevant application and any plan submitted with it; andiii in the case of a subsequent application, the planning permission granted for the development in respect of which the subsequent application has been made and any documents or information relating to the application;b inform each consultee that representations may be made to the relevant planning authority; andc send to the Welsh Ministers within 14 days of lodging the statement—i one copy of the statement;ii a copy of the relevant application and of any documents submitted with the application; andiii in the case of a subsequent application, the planning permission granted for the development in respect of which the subsequent application has been made and any documents or information relating to the application.”

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(g)any other period which he is entitled to count as such under Schedule C5.

26Screening opinions and directions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 8 · Applications for planning permission made to the Welsh Ministers

27Application of Parts 2 to 7#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28Requests for screening directions of the Welsh Ministers#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

29Applications made without an environmental statement#

(1)

(a)

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(a)

(b)

30Scoping directions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

(8)

(9)Where a person making a surrender under regulation D14—

references in paragraph (8) to the retirement pension are references to the retirement pension which would become payable if he were to cease to hold his employment on the day on which the surrender takes effect.

(10)Where this regulation applies it overrides any provision in these regulations or the 2002 Regulations or the Transitional Regulations to the extent to which it conflicts with it, except—

31Procedure to facilitate preparation of environmental statements#

Regulation 15 applies as if—

(a)paragraph (3) reads—“3 The recipient of—a such notice as is mentioned in paragraph (1); orb a statement made pursuant to regulation 10(4)(a), 11(5), 12(6) or 29(3) must—i notify the consultees of the name and address of the person who intends to submit an environmental statement and of the duty imposed on the consultees by paragraph (4) to make information available to that person; andii inform the person who intends to submit an environmental statement of the names and addresses of the consultees so notified.”

(b)

32Procedure where an environmental statement is submitted to the Welsh Ministers#

Regulation 19 applies as if paragraph (2) reads “The applicant must submit one copy of the environmental statement to the Welsh Ministers and one copy to the relevant planning authority.”

33Publicity where an environmental statement is submitted after the planning application#

Regulation 17 applies as if paragraphs (2) and (3) read—“2 The applicant must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—a the applicant's name, that an application is being made to the Welsh Ministers for planning permission and the address of the Welsh Ministers;b the date on which the application was made;c the address or location and the nature of the proposed development;d that a copy of the application, any accompanying plan and other documents, and a copy of the environmental statement may be inspected by members of the public at all reasonable hours;e an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they are available for inspection (being a date not less than 21 days later than the date on which the notice is published);f an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the statement may be obtained;g that copies may be obtained there so long as stocks last;h if a charge is to be made for a copy, the amount of the charge;i that any person wishing to make representations about the application must make them, before the date named in accordance with sub-paragraph (e), to the Welsh Ministers; andj the address to which representations should be sent.3 An applicant who is notified under regulation 29(4) (applications without environmental statement) of such a person as mentioned in any of those paragraphs must serve a notice on every such person; and the notice must contain the information specified in paragraph (2), except that the date noted as the latest date on which the documents will be available for inspection must not be less than 21 days later than the date on which the notice is first served.”

34Availability of copies of environmental statements#

An applicant who submits an environmental statement in connection with an application, must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or served pursuant to article 18(2) of the 2016 Order as the address at which such copies may be obtained.

35Availability of directions etc. for inspection#

Regulation 23 applies as if paragraph (1)(e) reads “notification given under regulation 29(2) (applications made without environmental statement);”.

36Duties to inform the public of final decisions#

(1)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(iv)of LGPS employers;

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

Part 9 · Restrictions of Grants of Permission

37New simplified planning zone schemes or enterprise zone orders#

With effect from the commencement date—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(i)a parent with care cares for one child only, and

(ii)that child dies,

may not:

38Local development orders#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(4)

(a)

(b)

39Section 97 orders and section 102 orders#

(1)

(2)In this regulation—• “section 97 order” (“gorchymyn adran 97”) means—(a) an order of a local planning authority under section 97(1) of the 1990 Act, or(b) an order of the Welsh Ministers under section 100(1) of the 1990 Act,(c) modifying any permission to develop land; and• “section 102 order” (“gorchymyn adran 102”) means an order of a local planning authority under section 102 of the 1990 Act or an order of the Welsh Ministers to like effect pursuant to section 104(1) of the 1990 Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

Part 10 · Unauthorised Development

40Interpretation#

In this Part—• “unauthorised EIA development” (“datblygiad AEA anawdurdodedig”) means EIA development which is the subject of an enforcement notice under section 172 of the 1990 Act (issue of enforcement notice) ^note; and• “ground (a) appeal” (“apêl sail (a)”) means an appeal brought under section 174(2)(a) of the 1990 Act.

41Prohibition on the grant of planning permission for unauthorised EIA development#

The Welsh Ministers or an inspector must not grant planning permission or subsequent consent under section 177(1) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices) ^note in respect of unauthorised EIA development unless the Welsh Ministers or inspector has first taken the environmental information into consideration, and they must state in the decision that they have done so.

42Screening opinions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(4)

43Screening directions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

44Provision of information#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

45Appeal to the Welsh Ministers without a screening opinion or screening direction#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

(7)A claim made in accordance with paragraph (2) shall be treated, for the purposes of these Regulations, as if made on the date of the deceased’s death.

(a)

(b)

46Appeal to the Welsh Ministers without an environmental statement#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

47Procedure where an environmental statement is submitted to the Welsh Ministers#

Where the Welsh Ministers receive (otherwise than as mentioned in regulation 46(2)(b)) an environmental statement in connection with an enforcement appeal, they must—

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

48Further information and evidence respecting environmental statements#

Regulation 22(1) and (10) apply to statements provided in accordance with this Part with the following modifications—

(a)

(b)

49Publicity for environmental statements or further information#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50Public inspection of documents#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51Significant transboundary effects#

Regulation 53 applies to unauthorised EIA development as if—

(a)for paragraph (1)(a) there shall be substituted—“a shall be made in writing to the Department in such form and manner, and shall include such information, records, illustrations, material and seeds, as the Department may require; and”

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

Part 11 · ROMP Applications

52General application of the Regulations to ROMP applications#

(1)In this regulation and in Schedule 7—• “relevant mineral planning authority” (“awdurdod cynllunio mwynau perthnasol”) means the body to whom it falls, fell, or would, but for a direction under—(a) paragraph 7 of Schedule 2 to the 1991 Act;(b) paragraph 13 of Schedule 13 to the 1995 Act; or(c) paragraph 8 of Schedule 14 to the 1995 Act,fall to determine the ROMP application in question;• “ROMP” (“ROMP”) means review of old mineral permission;• “ROMP application” (“cais ROMP”) means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under—(a) paragraph 2(2) of Schedule 2 to the 1991 Act (registration of old mining permissions);(b) paragraph 9(1) of Schedule 13 to the 1995 Act (review of old mineral planning permissions); or(c) paragraph 6(1) of Schedule 14 to the 1995 Act (periodic review of mineral planning permissions) ^note;• “ROMP development” (“datblygiad ROMP”) means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;• “ROMP subsequent application” (“cais dilynol ROMP”) means an application for approval of a matter where the approval—(a) is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and(b) must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;• “ROMP subsequent consent” (“caniatâd dilynol ROMP”) means consent granted pursuant to a ROMP subsequent application.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(e)in a case where the qualifying benefit which ceased—

at the time the work condition is satisfied; and

(f)

(g)any other period which he is entitled to count as such under Schedule C5.

(h)“transfer arrangement” means a contract or other arrangement made with a transferor LGPS employer for the provision of, or making available of, services or assets, for the purposes of or in connection with the exercise of a function of that transferor LGPS employer; and

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

Part 12 · Development with Significant Transboundary Effects

53Development in Wales likely to have significant effects in an EEA State#

(1)

(a)

(b)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(4)

(a)

(b)

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

(b)

(6)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

54Projects in an EEA State likely to have significant transboundary effects#

(1)

(a)

(b)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

(i)a parent with care cares for one child only, and

(ii)that child dies,

(iii)a child accepted by the deceased as a member of the family.

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

Part 13 · Miscellaneous

55Application to the High Court#

For the purposes of Part 12 of the 1990 Act (validity of certain decisions), the reference in section 288(1)(b) ^note to action of the Welsh Ministers not being within the powers of the 1990 Act is to be taken to extend to a grant of planning permission or subsequent consent not being permitted by reason of regulations 3 or 41.

56Hazardous waste and material change of use#

A change in the use of land or buildings to a use for a purpose mentioned in paragraph 9 of Schedule 1 involves a material change in the use of that land or those buildings for the purposes of section 55(1) of the 1990 Act (meaning of “development” and “new development”).

57Extension of the period for an authority's decision on a planning application#

(1)

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

58Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with#

Provisions included in a development order by virtue of section 60 of the 1990 Act (permission granted by development order) ^note which enable the Welsh Ministers to give directions, must enable them to direct that development which is both of a description mentioned in Column 1 of the table in Schedule 2, and of a class described in the direction is EIA development for the purposes of these Regulations.

59Application to the Crown#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(i)a parent with care cares for one child only, and

(ii)that child dies,

(b)

60Revocation of statutory instruments and transitional provisions#

(1)

(2)Where, before the coming into operation of these Regulations, a person, in respect of whom an undertaking was given by another person to be responsible for his maintenance and accommodation, claimed benefit to which he is entitled or is receiving benefit, under the Income Support Regulations or the Housing Benefit Regulations, those Regulations shall have effect as if regulation 4 or 5 of these Regulations had not been made.

(a)

(b)

(c)where—

in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or

(d)in the case of a person to whom regulation 8(4) refers, not later than 28 days after the day the applicant attains the age of 60 or, as the case may be, pensionable age.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61Consequential amendments#

The instruments in Schedule 9 are amended to the extent shown in that Schedule.

Schedule 1 · Descriptions of development for the purposes of the definition of “Schedule 1 development”

Schedule 2 · Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

(1)In the table below—• “area of the works” (“arwynebedd gwaith”) includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;• “controlled waters” (“dyfroedd a reolir”) has the same meaning as in the Water Resources Act 1991 ^note;• “floorspace” (“arwynebedd llawr”) means the floorspace in a building or buildings.

(2)

Schedule 3 · Selection criteria for screening Schedule 2 development

(1)The characteristics of development must be considered having regard, in particular, to—

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

(f)regulation F2(2)(a) (amount of member’s spouse’s long-term pension);

(2)The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(iii)every retirement grant to which the person became entitled in conjunction with any previous pension,

(iv)any payments made in respect of the additional pension, and

(v)areas classified or protected under Member States' legislation or under the legislation of any part of the UK, areas designated ^note... under EU-derived domestic legislation which transposed Council Directive 2009/147/EC on the conservation of wild birds ^note and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ^note;

(vi)any expenses incurred in providing business entertainment, or

(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)landscapes of historical, cultural or archaeological significance.

(3)The potential significant effects of projects must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to –

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

Schedule 4 · Information for inclusion in environmental statements

Part 1

(1)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(2)

(3)

(4)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(5)

(6)

(7)

Part 2

(8)

(9)

(10)

(11)

(12)

Schedule 5 · Local Development Orders

(1)

(2)

(3)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(4)Regulation 13 is to be read as if it provided—“1 Where a proposed local development order is EIA development, the local planning authority must state its opinion as to the information to be provided in the environmental statement (“a scoping opinion”).2 A scoping opinion under paragraph (1) must include—a a plan sufficient to identify the land;b a brief description of the nature and purpose of the development and of its possible effects on the environment; andc such other information or representations as the local planning authority may wish to provide or make.3 An authority must not adopt a scoping opinion until they have consulted the consultees.4 Before adopting a screening opinion the authority must take into account—a the specific characteristics of the particular development;b the specific characteristics of development of the type concerned; andc the environmental features likely to be affected by the development.”

(5)Regulation 15 is to be read as if it provided—“15 1 A local planning authority which intends to prepare an environmental statement may enquire of a consultee whether the consultee has any information which the consultee or the local planning authority considers relevant to the preparation of the environmental statement.2 If the consultee has such information they must treat the enquiry by the local planning authority as a request for information by the local planning authority under regulation 5(1) of the Environmental Information Regulations 2004 ^note.”

(6)Regulation 16 is to be read as if it provided—“16 1 Where a statement, referred to as an “environmental statement”, has been prepared in relation to EIA development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority must—a send a copy of the statement to the consultees and inform them that they may make representations; andb notify any particular person of whom the authority are aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of electronic publication, a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent.2 The local planning authority must not make the local development order until the expiry of 21 days from the last date on which a copy of the statement was served in accordance with this regulation.”

(7)

(a)

(b)paragraph (2) read—“2 The initiating body must publish in a local newspaper circulating in the locality a notice stating—a the name and address of the initiating body;b the address or location and the nature of the development referred to in the proposed section 97 order or section 102 order;c that a copy of the draft order and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;d an address in the locality at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);e an address (whether or not the same as that given under sub-paragraph (d)) in the locality at which copies of the statement may be obtained;f that copies may be obtained there so long as stocks last;g if a charge is to be made for a copy, the amount of the charge; andh that any person wishing to make representations about the order should make them before the date specified in accordance with sub-paragraph (d), to the initiating body.”

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

(8)Regulation 20 is to be read as if it provided—“20 The local planning authority must ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority propose to grant planning permission by a local development order are available at—a their principal office during normal office hours; andb at such other places within their area as they consider appropriate.”

(9)

(a)paragraph (1) read—“1 Where an environmental statement has been prepared and the local planning authority is of the opinion that the statement should contain additional information in order to be an environmental statement, the local planning authority must ensure that additional information is provided and such information provided is referred to in these Regulations as “further information” (“gwybodaeth bellach”)”

(b)paragraph (3) read—“3 The relevant planning authority must publish in a local newspaper circulating in the locality a notice stating—a the name and address of the relevant planning authority;b the address or location and the nature of the development referred to in the proposed section 97 order or section 102 order;c that further information is available in relation to an environmental statement which has already been provided;d that a copy of the further information may be inspected by members of the public at all reasonable hours;e an address in the locality at which the further information may be inspected, and the latest date on which it is available for inspection (being a date not less than 21 days later than the date on which the notice is published);f an address (whether or not the same as that given under sub-paragraph (e)) in the locality at which copies of the further information may be obtained;g that copies may be obtained there so long as stocks last;h if a charge is to be made for a copy, the amount of the charge;i that any person wishing to make representations about the further information should make them to the relevant planning authority before the date specified in accordance with sub-paragraph (e);j the address to which representations should be sent.”

(c)paragraph (4) read—“4 The local planning authority must send a copy of the further information to each person to whom, in accordance with the Regulations, the statement to which it relates was sent and to the Welsh Ministers.”

(d)

(e)paragraph (7) read—“7 Where information is provided under paragraph (1) or any other information is provided the Welsh Ministers must not confirm the section 97 order or section 102 order before the expiry of 21 days after the date on which the further information was sent to all persons to whom the statement which it relates was sent or the expiry of 21 days after the date that notice of it was published in a local newspaper, whichever is the later.”

(f)regulation F2(2)(a) (amount of member’s spouse’s long-term pension);

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(10)Regulation 23 is to be read as if paragraphs (1) and (2) read—“1 Where particulars of a draft local development order are placed on Part 3 of the register, the local planning authority must take steps to secure that there is also placed on that Part a copy of any relevant—a screening opinion;b screening direction;c scoping opinion;d direction under regulation 4(4);e the statement referred to as the environmental statement including any further information;f statement of reasons accompanying any of the above.2 Where the relevant planning authority adopt a screening opinion or scoping opinion, or receive a copy of a screening direction before a local development order is made, the local planning authority must take steps to secure that a copy of the opinion or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept.”

(11)

(a)

(b)

(12)

(a)in paragraph (1) sub-paragraph (a) read—“a it comes to the attention of the Welsh Ministers that EIA development proposed to be carried out in Wales for which a local planning authority propose to grant planning permission by a local development order is likely to have significant effects on the environment in an EEA State; or”

(b)

Schedule 6 · Section 97 and 102 Orders under the 1990 Act

(1)

(2)

(3)

(4)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(5)Regulation 13 is to be read as if it provided—“1 Where a proposed section 97 order or section 102 order permit or require EIA development, the initiating body must state its opinion as to the information to be provided in the environmental statement, unless the initiating body is a local planning authority and makes a request under regulation 14(1).2 A scoping opinion or scoping direction under paragraph (1) must include—a a plan sufficient to identify the land;b a brief description of the nature and purpose of the development and of its possible effects on the environment; andc such other information or representations as the relevant initiating body may wish to provide or make.3 An initiating body must not adopt a scoping opinion or scoping direction until they have consulted the consultees.4 Before adopting a scoping opinion or scoping direction the initiating body must take into account—a the specific characteristics of the particular development;b the specific characteristics of development of the type concerned; andc the environmental features likely to be affected by the development.5 If the Welsh Ministers make a scoping direction of their own volition or at the request of a third party, they must send a copy to the local authority which has initiated the order.”

(6)

(a)paragraph (1) read“A local planning authority who intend to prepare an environmental statement may request the Welsh Ministers to make a direction as to the information to be provided in the environmental statement and such a request must include—a copies of the relevant screening opinion and statement of reasons; andb the matters referred to in regulation 13(2).”

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(7)Regulation 15 is to be read as if it provided—“15 1 An initiating body which intends to prepare an environmental statement may consult with a consultee in order to determine whether the consultee has any information which the consultee or the initiating body considers relevant to the preparation of the environmental statement.2 If the consultee has such information, the consultee must treat the consultation by the initiating body as a request for information by the local planning authority under regulation 5(1) of the Environmental Information Regulations 2004 ^note.”

(8)Regulation 16 is to be read as if it provided—“16 1 Where a statement, referred to as an environmental statement, has been prepared by an initiating body in relation to development which is related to a section 97 order or section 102 order, that body must—a send a copy of the draft section 97 order or draft section 102 order and the statement to the consultees and inform them that they may make representations; andb notify any particular person of whom the body is aware and who is likely to be affected by, or has an interest in, the draft order and unlikely to become aware of it by means of electronic publication, a site notice or by local advertisement, of—i an address in the locality where a copy of the draft order and statement may be obtained; andii the address to which representations may be sent.2 The initiating body must not make the order until the expiry of 21 days from the last date on which a copy of the statement was served in accordance with this regulation.3 When the local planning authority prepare an environmental statement, they must send to the Welsh Ministers, within 14 days of sending the statement to the consultees, one copy of each of any relevant screening opinion, statement of reasons and draft order.”

(9)

(a)

(b)paragraph (2) read—“2 The initiating body must publish in a local newspaper circulating in the locality a notice stating—a the name and address of the initiating body;b the address or location and the nature of the development referred to in the proposed section 97 order or section 102 order;c that a copy of the draft order and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;d an address in the locality at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);e an address (whether or not the same as that given under sub-paragraph (d)) in the locality at which copies of the statement may be obtained;f that copies may be obtained there so long as stocks last;g if a charge is to be made for a copy, the amount of the charge; andh that any person wishing to make representations about the order should make them before the date specified in accordance with sub-paragraph (d), to the initiating body.”

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

(10)Regulation 18 is to be read as if it provided—“18 Where a local planning authority submits a section 97 order or a section 102 order to the Welsh Ministers for confirmation, the authority must also submit one copy of any environmental statement and any further information.”

(11)Regulation 20 is to be read as if it provided—“20 1 Where the initiating body is the local planning authority, they must ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to development in relation to which the authority propose to make a section 97 order or section 102 order are available at—a their principal office during normal office hours; andb at such other places within their area as they consider appropriate.2 Where the initiating body is the Welsh Ministers, they must send to the local planning authority who would be responsible for determining an application for planning permission in respect of the development covered by the proposed section 97 order or section 102 order, a copy of the environmental statement prepared in relation to the proposed order.3 When the local planning authority receive a copy of an environmental statement pursuant to paragraph (2), they must ensure that a reasonable number of copies of the statement are available at—a their principal office during normal office hours; andb at such other places within their area as they consider appropriate.”

(12)

(a)paragraph (1) read—“1 Where—a an environmental statement has been prepared; and a section 97 order or section 102 order is submitted to the Welsh Ministers for confirmation; andb the Welsh Ministers consider that the statement should contain additional information in order to be an environmental statement,the Welsh Ministers must notify the relevant planning authority; and that authority must ensure that the additional information is provided; and such additional information is referred to in these Regulations as “further information” (“gwybodaeth bellach”)”

(b)paragraph (3) read—“3 The relevant planning authority must publish in a local newspaper circulating in the locality a notice stating—a the name and address of the relevant planning authority;b the address or location and the nature of the development referred to in the proposed section 97 order or section 102 order;c that further information is available in relation to an environmental statement which has already been provided;d that a copy of the further information may be inspected by members of the public at all reasonable hours;e an address in the locality at which the further information may be inspected, and the latest date on which it is available for inspection (being a date not less than 21 days later than the date on which the notice is published);f an address (whether or not the same as that given under sub-paragraph (e)) in the locality at which copies of the further information may be obtained;g that copies may be obtained there so long as stocks last;h if a charge is to be made for a copy, the amount of the charge;i that any person wishing to make representations about the further information should make them to the relevant planning authority before the date specified in accordance with sub-paragraph (e);j the address to which representations should be sent.”

(c)paragraph (4) read—“4 The local planning authority must send a copy of the further information to each person to whom, in accordance with the Regulations, the statement to which it relates was sent and to the Welsh Ministers.”

(d)

(e)paragraph (7) read—“7 Where information is provided under paragraph (1) or any other information is provided the Welsh Ministers must not confirm the section 97 order or section 102 order before the expiry of 21 days after the date on which the further information was sent to all persons to whom the statement which it relates was sent or the expiry of 21 days after the date that notice of it was published in a local newspaper, whichever is the later.”

(f)regulation F2(2)(a) (amount of member’s spouse’s long-term pension);

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(13)Regulation 23 is to be read as if paragraphs (1) and (2) read—“1 Each local planning authority must keep a record containing a copy of every section 97 order and section 102 order relating to their area, together with a statement of the reasons for making the order; and the authority must take steps to secure that there is also placed on that record a copy of any relevant—a screening opinion;b screening direction;c scoping opinion;d direction under regulation 4(4);e statement referred to as the environmental statement, including any further information;f statement of reasons accompanying any of the above.2 Where the local planning authority adopt a screening opinion or scoping opinion, or receive a copy of a screening direction or scoping direction before a section 97 order or a section 102 order is made, the authority must take steps to secure that a copy of the opinion or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the record is kept.3 Copies of the documents referred to in paragraph (2) must remain so available for a period of two years from the date on which they are placed on the record.”

(14)Regulation 24 is to be read as if it provided—“24 1 In this regulation, “decision” (“penderfyniadmeans, in relation to an order which takes effect under section 97(7) of the 1990 Act, the decision to make the order and otherwise, the decision to confirm the section 97 order or the section 102 order.2 Where a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the Welsh Ministers must—a notify the local planning authority for the area to which the order relates when the order is made or confirmed; andb other than in relation to section 97 orders which take effect without being confirmed by the Welsh Ministers pursuant to section 99(7) of the 1990 Act, provide the authority with a statement containing the information in paragraph (3)(c).3 Where a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the local planning authority for the area to which the order relates must—a inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; andb make available for public inspection at the place where the record of section 97 orders and section 102 orders is kept, a statement containing—i the content of the decision and any conditions attached to it;ii the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;iii a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development permitted or required by the order; andiv information regarding the right to challenge the validity of the decision and the procedures for doing so.”

(15)

(a)

(b)in paragraph (1) subparagraph (a) read—“a it comes to the attention of the Welsh Ministers that EIA development proposed to be carried out in Wales for which an initiating body proposes to require or permit by a section 97 order or a section 102 order is likely to have significant effects on the environment in an EEA State; or”

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

Schedule 7 · ROMP Applications

(1)Regulation 3 (prohibition on granting planning permission or subsequent consent without consideration of environmental information) is to be read as if—

(a)

(b)

(2)In the case of a ROMP application, regulation 10(4) (application made to a local planning authority without an environmental statement) is to be read as if—

(a)

(b)

(3)

(1)

(2)

(a)

(b)

(4)

(1)In the case of a ROMP application, in regulations 12(1) and 18(b), for the references to “section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)” read—“paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)”

(2)

(5)

(1)

(2)In the case of a ROMP application, in regulation 16 (procedure where an environmental statement is submitted to a local planning authority) for paragraph (4) read—“4 Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 12 of and Schedule 3 to the 2012 Order (publicity for applications for planning permission) apply to a ROMP application under paragraph—a 2(2) of Schedule 2 to the 1991 Act, andb 6(1) of Schedule 14 to the 1995 Act ^note,as they apply to a planning application falling within paragraph (2) of article 12 of the 2012 Order except that for the references in the notice in Schedule 3 to the 2012 Order to “planning permission” there is substituted “determination of the conditions to which a planning permission is to be subject” and that the notice must refer to the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made.”

(3)

(a)in paragraph (3)(a) for the words “applicant for planning permission or subsequent consent or the appellant (as the case may be)” read—“person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made”

(b)for paragraph (7) read—“7 Where an applicant indicates that is the applicant proposes to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant planning authority, the Welsh Ministers or the inspector, as the case may be, must suspend consideration of the application or appeal until the date specified by the authority or the Welsh Ministers for submission of the environmental statement and compliance with paragraph (6); and must not determine the application or appeal during the period of 21 days beginning with the date of receipt of the statement and the other documents mentioned in paragraph (6).”

(4)

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.

(a)in paragraph (3)(a) for the words “applicant for planning permission or subsequent consent or the appellant (as the case may be)” read—“person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made”

(b)

(6)

(1)In the case of a ROMP application, for regulation 55 (application to the High Court) read—“55 For the purposes of Part 12 of the 1990 Act (validity of certain decisions), the reference in section 288 of the 1990 Act, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to action of the Welsh Ministers not being within the powers of the 1990 Act must be taken to extend to the determination of a ROMP application by the Welsh Ministers in contravention of regulation 3.”

(2)

(7)

(1)

(a)

(b)

(2)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(3)

(a)

(b)

(4)

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.

(8)

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.

(a)

(b)

(7)The employing authority may issue a certificate without an application from the member, but need not issue a certificate if he does not apply for one within 12 months after the date of reduction.

(a)

(b)

(9)

(1)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(d)

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)in the definition of “the principal Regulations” for “the Local Government (Superannuation) Regulations (Northern Ireland) 1992” substitute “the Local Government Pension Scheme Regulations (Northern Ireland) 2000”.

(e)that his membership ceased by reason of the member opting out of the Scheme as a result of a contravention which is actionable under section 62 of the Financial Services Act 1986.

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)read sub-paragraph (b) as if it provided—“b the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;”

(f)regulation F2(2)(a) (amount of member’s spouse’s long-term pension);

(g)any payment made in respect of the performance of duties as—

(i)in the definition of “admitted employee” for “Regulation B5(2)” substitute “regulation B6(15)”; and

(ii)read sub-paragraph (b) as if it provided—“b the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;”

(h)any payment made by a district council to a member of that council in respect of the performance of his duties as a member ^note...; and

(2)

(3)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(4)

(10)

(1)

(a)

(b)

(2)

(3)

(4)Sub-paragraph (1) of that paragraph has effect as if from “the mineral planning authority may by order” to the end read—“the mineral planning authority—(i) must by order prohibit the resumption of the winning and working or the depositing; and(ii) may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).”

(5)Any document made, served or issued on or after the commencement date which contains a reference to any of the revoked instruments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of these regulations.

(6)Where any provision of the revoked instruments (“the replacement provision”) re-enacted, with or without modification, a previous provision revoked by the revoked instruments (“the previous provision”), then, so far as is necessary to prevent the continuity of the law from being affected, any reference in these regulations to the replacement provision shall, so far as the context permits, be construed as including a reference to that previous provision.

Schedule 8 · Statutory instruments revoked

Schedule 9 · Consequential amendments

(1)

(2)

(3)

(a)

(b)

(c)if it counted as service before or after a particular date, shall count as membership before or, as the case may be, after that date.

(2)

(1)

(2)

(3)

(a)

(b)

(3)

(1)

(2)

(4)

(1)

(2)

(5)

(1)

(2)

(6)

(1)

(2)

(3)For regulation 52, including its heading, substitute—“52 Regulations 53 (development in Wales likely to have significant effects in another EEA State) and 54 (projects in another EEA State likely to have significant transboundary effects) of the 2016 Regulations apply for the purposes of these Regulations as they apply for the purposes of the 2016 Regulations.”

(4)

(7)

(1)

(2)

(8)

(1)

(2)

(3)

(4)

(a)

(b)