The Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025
The Secretary of State, exercising powers under the Government of Wales Act 2006, enacted this Order to introduce necessary consequential amendments to existing legislation following the passing of the Infrastructure (Wales) Act 2024.
This Order modifies the Nuclear Installations Act 1965 to include infrastructure consent when considering site licences, amends the Planning (Hazardous Substances) Act 1990 regarding consultation requirements related to government authorisation, and updates the Finance Act 2013 to incorporate infrastructure consent into rules governing the conversion of dwellings for non-residential use, ensuring legal alignment with the new infrastructure consenting process in Wales.
Arguments For
Ensures legal consistency by updating several pre-existing pieces of legislation to formally recognise and incorporate the new 'infrastructure consent' mechanism established by the Infrastructure (Wales) Act 2024.
Streamlines regulatory processes by clarifying where existing consents (like nuclear site licences or hazardous substances consent) interact with, or are superseded by, the new infrastructure consent framework, thereby preventing regulatory conflict.
Maintains the integrity of property taxation rules (specifically regarding the Annual Tax on Enveloped Dwellings) by ensuring that conversions affecting residential status account for the newly defined 'infrastructure consent' when assessing suitability for dwelling use.
Arguments Against
The necessity of amending multiple distinct Acts (Nuclear Installations, Planning (Hazardous Substances), Finance) implies a complex legislative overhaul, potentially increasing administrative burden during the transitional period as stakeholders adjust to new terminology and procedures.
Introducing 'infrastructure consent' into tax legislation (Finance Act 2013) might inadvertently affect property transaction calculations or tax reliefs if the scope of 'infrastructure consent' applications is broader than anticipated by existing tax guidelines.
The Order relies on the successful implementation of the Infrastructure (Wales) Act 2024; any delay or failure in that primary Act's rollout will render these consequential amendments operational in a void, creating regulatory uncertainty.
The Secretary of State, in exercise of the powers conferred by section 150(1)(a) and (2)(a) of the Government of Wales Act 2006, makes the following Order.
In accordance with section 150(5) of that Act, a draft of this Order was laid before Parliament and was approved by a resolution of each House of Parliament.
The Secretary of State enacted this Order using powers granted by the Government of Wales Act 2006.
Before taking effect, a draft version of this Order received formal approval through a resolution passed by both the House of Commons and the House of Lords.
- Citation, extent and commencement
(1) This Order may be cited as the Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025.
(2) An amendment made by this Order has the same extent as the provision amended.
(3) This Order comes into force on 15th December 2025 or the day after the day on which it is made, whichever is later.
This section establishes the official title of the statutory instrument as the Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025.
Any change made by this Order applies to the same jurisdiction as the legislation it is amending.
The Order officially commences operations either on December 15th, 2025, or the day immediately following its official making date, prioritizing the later date.
- Amendment of the Nuclear Installations Act 1965
In section 3(8)(a) of the Nuclear Installations Act 1965 (grant and variation of nuclear site licences), after “site” insert “or an order under the Infrastructure (Wales) Act 2024 granting infrastructure consent for the site”.
This article modifies the Nuclear Installations Act 1965 concerning the granting or changing of nuclear site licences.
It inserts new wording into Section 3(8)(a) to ensure that an order granting 'infrastructure consent' under the 2024 Act is included alongside the existing term 'site' when assessing licence variations.
- Amendment of the Planning (Hazardous Substances) Act 1990
In section 12(3) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent: government authorisation) for “(2B)” substitute “(2C)”.
This modifies Section 12(3) of the Planning (Hazardous Substances) Act 1990, which deals with deemed hazardous substances consent authorized by the government.
It replaces a reference to subsection '(2B)' with a reference to subsection '(2C)' to align with updated procedures or structures introduced elsewhere.
- Amendment of the Finance Act 2013
Section 130 of the Finance Act 2013 (conversion of dwelling for non-residential use) is amended as follows—
(a) in subsection (3), for “or development consent” substitute “, development consent or infrastructure consent”;
(b) in subsection (6)—
(i) the words from ““development consent”” to the end become paragraph (a);
(ii) after that paragraph insert—
“(b) “infrastructure consent” means infrastructure consent under the Infrastructure (Wales) Act 2024.”.
This article amends Section 130 of the Finance Act 2013, which concerns property tax rules for converting residential dwellings into non-residential use.
Subsection (3) is updated to include 'infrastructure consent' as a type of consent relevant to the conversion process, alongside planning permissions and development consents.
Subsection (6) is restructured to explicitly define what 'infrastructure consent' means for the purposes of this section, referencing the Infrastructure (Wales) Act 2024.
Related
The Offshore Installations (Safety Zones) Order 2026
The Order established 500-metre safety zones around three offshore installations undergoing decommissioning and revoked safety zones for three other specific offshore features.
Read MoreThe Air Navigation (Restriction of Flying) (Bristol) (Emergency) (No. 2) Regulations 2026
The Secretary of State imposed immediate, temporary emergency restrictions prohibiting low-altitude flight below 1,500 feet over the M5 Avon Bridge area near Bristol, effective immediately via Statutory Instrument.
Read MoreThe Air Navigation (Restriction of Flying) (Sourton Down, Devon) (Emergency) (Revocation) Regulations 2026
The Air Navigation (Restriction of Flying) (Sourton Down, Devon) (Emergency) Regulations 2026 were revoked due to the conclusion of the emergency that prompted them.
Read MoreCorrection Slip
The document formally corrected a cross-reference error within Regulation 13(5) of The Merchant Shipping (Accident Reporting and Investigation) Regulations 2026.
Read More