Commentary on Sections Procedure for infrastructure consent orders Section 85 – Infrastructure consent orders: publication and procedure
221.This section requires the Welsh Ministers to publish an infrastructure consent order in such manner as they consider appropriate.
222.But an order must be contained in a statutory instrument if the order contains provision made under section 63(3) relating to any of the matters listed in paragraphs 28 and 29 of Schedule 1 (creation of certain offences by an infrastructure consent order), or is made in exercise of the powers conferred by section 63(6)(a) or (b) (modification of enactments by infrastructure consent order).
223.Where an order is contained in a statutory instrument, subsection (4) requires the Welsh Ministers to lay before Senedd Cymru a copy of the instrument, the latest version of any plan supplied by the applicant in connection with the application and a statement of reasons prepared under section 62 as soon as practicable.