Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025.

My Lords, this order was laid before your Lordships’ House on 27 October 2025. The draft order is needed following the passage of the Senedd’s Infrastructure (Wales) Act 2024. The 2024 Act streamlines and unifies the decision-making processes for devolved infrastructure projects in Wales, including significant energy, waste, water and transport projects. It does this by creating a new consenting regime for these devolved projects, with a number of existing consents, authorisations and licences integrated into the new process. Previously, these devolved projects in Wales have been consented under various pieces of legislation, including the Electricity Act 1989 and the Transport and Works Act 1992. They will now require infrastructure consent under the Welsh Government’s 2024 Act.

The Welsh Government will commence the Infrastructure (Wales) Act 2024 and bring the new consenting process into force next week, on 15 December 2025. This draft order makes consequential amendments to UK legislation that falls outside the legislative competence of the Senedd. The amendments are necessary to ensure that the Act can take effect as intended and are therefore needed in advance of the new process coming into force. As the 2024 Act establishes a new consenting arrangement in Wales, it is not reflected in UK legislation in the same way that existing processes are. This order updates the relevant UK Acts to take account of the establishment of infrastructure consent in Wales by ensuring that it is treated in a way that is consistent with those existing consenting arrangements.

First, this order amends the Nuclear Installations Act 1965. Under the 1965 Act, applicants for a nuclear site licence may be directed to notify relevant public authorities about their application. This power of direction, however, does not apply to applications for nuclear generating stations, which require consent under the Electricity Act 1989. This is because the 1989 Act sets out its own requirements for consultation with public authorities. In line with this, Article 2 of this order ensures that the power of direction in the Nuclear Installations Act 1965 does not apply to projects which require infrastructure consent under the Infrastructure (Wales) Act 2024. This is because the 2024 Act similarly places its own requirements on applicants to consult with public authorities.

Secondly, this order amends the Planning (Hazardous Substances) Act 1990. When granting infrastructure consent under the 2024 Act in circumstances where hazardous substances consent would also be required, the Welsh Ministers can deem hazardous substances consent to be granted. This enables hazardous substances consent to be granted without a separate application being needed. Article 3 of this order amends the 1990 Act to create a requirement for the Health and Safety Executive to be consulted before hazardous substances consent can be deemed to be granted by the Welsh Ministers as part of an application for infrastructure consent. This ensures that the HSE can consider the risks that the hazardous substance may present to people nearby and provide science-based advice to the Welsh Ministers. This replicates the process for other consenting regimes, including under the Electricity Act 1989, which require consultation with the Health and Safety Executive in these circumstances.

My Lords, I welcome this statutory instrument, which provides the necessary consequential amendments following the enactment of the Infrastructure (Wales) Act 2024. It represents a sensible and measured step to ensure that the new Welsh infrastructure consent system is aligned with existing legislation across the United Kingdom. While this order is by its nature technical, it none the less reflects an important moment in the ongoing evolution of Wales’s governance arrangements. I therefore ask the Minister whether she views this legislation as an expression of confidence in Wales’s ability to manage and deliver major infrastructure projects and, more broadly, whether she considers it indicative of a direction of travel towards further devolution.

The Minister will know, as many of us do, that there is growing concern in Wales that the party which proudly introduced devolution in 1999 now appears resistant even to discussions about extending those powers or devolving additional services. In the last year alone, Members of both Houses have made the case for the devolution of policing, justice, youth justice and the Crown Estate, all to no avail. However, this order shows that effective co-operation between the Welsh and UK Governments is possible and productive. Can the Minister clarify whether she sees this as part of a broader commitment to strengthen that partnership and recognise Wales’s capacity to take greater responsibility for its own affairs?

My Lords, I thank the Minister for introducing this order to the Committee. The order makes minor and technical changes to UK legislation, recognising the provisions in the Infrastructure (Wales) Act 2024. That Act, passed by the Senedd in June 2024, simplified the consenting process for infrastructure projects in Wales. As the Minister outlined, energy, electricity, transport, water and waste projects can now proceed through a single approvals process monitored and applied by the Welsh Government. The effect of this order is to ensure that existing UK legislation aligns with the Act. This includes amendments to the Nuclear Installations Act 1965, the Planning (Hazardous Substances) Act 1990 and the Finance Act 2013. These changes are largely consequential, but they are necessary to make the provisions of the 2024 Act fully operational.

While we accept the technical purpose of this instrument, a number of questions arise. I am very happy to receive any answers in writing if necessary. First, are the agencies in Wales sufficiently resourced to handle the additional applications and responsibilities arising from these powers? Secondly, while the processes are broadly similar to current UK procedures, how will the Government ensure that assessments in Wales meet the same standards and rigour as those elsewhere in the UK? Thirdly, what types of projects are most likely to be affected by this new consenting regime over the next five years? I note the impact on the Nuclear Installations Act 1965, as the Minister would expect me to. Finally, do the Government anticipate this instrument acting as a gateway to further devolution of infrastructure powers to Wales? If so, how will safeguards be maintained to protect the public interest and ensure safety in vital sectors?

Third-party commentators have welcomed the aim of simplifying infrastructure approvals. It is hoped that this will encourage sustainable investment and support Wales in reaching its net-zero targets. That said, clarity and consistency in guidance will be essential if investors, the public and decision-makers are to have confidence in the new regime. Subject to the Minister’s assurances on the questions I have raised, we recognise the technical and consequential purpose of this order and support it.

My Lords, I thank both noble Baronesses for their valuable, if a little cheeky, contributions to the debate this afternoon. This order provides for a number of consequential changes to UK law and is necessary ahead of the Infrastructure (Wales) Act coming into force this month. I will touch on some of the points made; I may have to write to the noble Baroness, Lady Bloomfield, but I will make sure that both noble Baronesses receive the correspondence.

On the point made by the noble Baroness, Lady Humphreys, I believe that this order demonstrates that we have genuine confidence in the Welsh Government’s ability to undertake infrastructure projects.

Touching on a related point made by the noble Baroness, Lady Bloomfield, concerning the resourcing of agencies, obviously, that will be a matter for the Welsh Government, but they have received a record-breaking budget response in the SR and have promises in the SR going forward, so they should be fully resourced. As this area is devolved, it will be a matter for them.

On more devolution, the Labour Party’s manifesto at the last general election was clear about the areas in which we were working with our partners in Wales to explore and discuss options for further devolution. What we are seeing today with this SI is genuine devolution in action, with two Governments—one in Westminster and one in Cardiff—working hand in hand to deliver for the people of Wales. I hope and expect that still to be the case after May next year when the good people of Wales continue to vote Labour.

On the point about standards being maintained, we will expect standards to be maintained, of course. I am so pleased to be opposite the noble Baroness, Lady Bloomfield, when we can talk about Wylfa; I was delighted by all her questions in the run-up because she will probably be as excited as many of our colleagues to see the development announced with £2.5 billion of investment and a genuine supply chain that will lead to a generation of jobs in north Wales and beyond.

Motion agreed.