Schedule 2 Part 2 – Soundscapes.National soundscapes strategy Section 26 – Duty to have regard to national strategy on soundscapes
134.Subsection (1) requires local authorities and relevant Welsh public authorities to have regard to the policies in the national strategy on soundscapes published under section 25 when exercising any function of a public nature that could affect soundscapes in Wales.
135.Under subsections (2) and (3), a person is a “relevant Welsh public authority” if they have been designated as such by regulations made by the Welsh Ministers.
136.However, the Welsh Ministers may only designate a person as a “relevant Welsh public authority” if they meet the definition of “devolved Welsh Authority” in section 157A(1)(a) of the Government of Wales Act 2006. This means a person can only be designated if they are a public authority (i) whose functions are exercisable only in relation to Wales, and (ii) are wholly or mainly functions that do not relate to reserved matters. Public authority is defined in section 157(A)(8) of the Government of Wales Act 2006 as “a body, office or holder of an office that has functions of a public nature”.
137.Subsection (4) provides that before making regulations under subsection (3), the Welsh Ministers must consult the person who is proposed to be designated as a “relevant Welsh public authority” and such other persons as the Welsh Ministers consider appropriate.