Commentary on Sections General Section 140 – Regulations and orders: restrictions
366.This section sets out that regulations under sections 30, 34, 35, 48(6), 63(5), 91(3) 124 and 129 of the Act or an infrastructure consent order or an order under section 90 may include provision that would require the consent of the Secretary of State (i.e. “the appropriate Minister”) under any of paragraphs 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru.
367.This section also provides that regulations under sections 30, 34, 35, 48(6), 63(5), 91(3), 124 and 129 of the Act or an infrastructure consent order or an order under section 90 may include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru. See correspondence between the Secretary of State and the Welsh Ministers over the period 2023 to 2024(3) confirming consent under Schedule 7B for the provisions, including a commitment to consult the UK Government prior to making regulations which affect reserved bodies.
368.Regulations and orders under any other section of this Act may not include provision that would require the consent of the appropriate Minister under paragraph 8, 10 or 11 of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru; and may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) or (2A) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.