Section 69

Where any provision of regulations 63 to 68 (a “general provision”) applies in relation to a provision specified in paragraph (2), that general provision applies with the following modifications— any reference to the Welsh Ministers is omitted; and for any reference to the appropriate authority, substitute a reference to the Secretary of State. The provisions specified for the purposes of paragraph (1) are— regulation 70(1)(e)(i) and (2) (grant of planning permission) in so far as those provisions relate to a direction given by the Secretary of State under section 90 of the TCPA 1990 (development with government authorisation) that planning permission is deemed to be granted; and regulations 84 and 85 (development consent under Planning Act 2008 ). Where a general provision applies in relation to a provision specified in paragraph (4), that general provision applies with the following modifications— any reference to a competent authority is taken to include the Scottish Ministers; for any reference to the Welsh Ministers, substitute a reference to the Scottish Ministers; and for any reference to the appropriate authority— in a case where the competent authority for the purposes of a provision specified in paragraph (4) is the Scottish Ministers, substitute a reference to the Scottish Ministers; and in any other case, substitute a reference to the Secretary of State. The provisions specified for the purposes of paragraph (3) are— in regulation 70— paragraph (1)(e)(ii) and (iii); paragraph (1)(f), in so far as that paragraph relates to a direction under section 57(2ZA) of the Town and Country Planning (Scotland) Act 1997 (development with government authorisation) ; and paragraph (2) in so far as that paragraph relates to paragraph (1)(e)(ii) and (iii), and (1)(f) of that regulation; Chapter 4 (electricity); and Chapter 5 (pipe-lines). Where a general provision applies in relation to regulation 103 (marine works), and confers a function on the appropriate authority, that provision applies with the following modifications— in a case to which paragraph (6) applies, for any reference to the appropriate authority, substitute a reference to the Welsh Ministers; and in any other case, for any reference to the appropriate authority, substitute a reference to the Secretary of State. This paragraph applies where the function in question is exercisable in relation to— any application to the Welsh Ministers for an authorisation in respect of marine works; any application to any other authority for— an authorisation in respect of marine works, the refusal of which gives rise to a right of appeal to the Welsh Ministers; an authorisation in respect of marine works in relation to which the Welsh Ministers exercise any power of direction or call-in; or an authorisation of harbour works which are, or are to be, carried out in relation to a fishery harbour in Wales under legislation of a kind mentioned in regulation 103(6)(c); the grant of any application of a kind mentioned in sub-paragraph (a) or (b); or harbour works which— are, or are to be, carried out in relation to a fishery harbour in Wales; and are authorised by, and are, or are to be, carried out in accordance with, any legislation of a kind mentioned in regulation 103(6)(c). In paragraph (6)— “authorisation” means any licence, consent or other approval; “marine works” and “harbour works” have the meanings given by regulation 103(5) and (7) respectively. Where a general provision applies in relation to a plan or project which does not relate to a matter specified in Chapters 2 to 9, to the extent that that general provision applies in relation to Scotland or Northern Ireland, that provision applies with the following modifications— any reference to the Welsh Ministers is omitted; and for any reference to the appropriate authority, substitute a reference to the Secretary of State.

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Source: legislation.gov.uk · retrieved 2026-07-30