Constitutional and Legislative Affairs Committee Draft Report

CLA(4)-25-13

CLA323 - The Welsh Development Agency Act 1975 (Amendment) (Wales) Order 2013

This Order amends Schedule 4 of the Welsh Development Agency Act 1975 (‘the 1975 Act’) so as to authorise the Welsh Ministers to override easements and other rights restricting the use of land which they have acquired under section 21A of the 1975 Act. The Welsh Ministers can do this only if the use is in accordance with planning permission.  

Procedure:  Affirmative

Technical Scrutiny

No points are identified for reporting under Standing Order 21.2 in respect of this instrument

Merits Scrutiny

The following points are identified for reporting under Standing Order 21.3 in respect of this instrument.

In Thames Water Utilities v Oxford City Council [1999] where it was determined that restrictions affecting the title of property could only be removed during the construction phase, doubt was cast on the ability to remove restrictions on a permanent basis. As a result of this decision, the Welsh Government states in the Explanatory Memorandum that in order to remove this issue of doubt, the 1975 Act needs to be amended. Section 194(2) of the Planning Act 2008 gives the Welsh Ministers an order making power to change the 1975 Act.  The Explanatory Memorandum does not explain why the legislation is being amended now in light of the case decision in 1999 and order making powers given to the Welsh Ministers in 2008.

[Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of a public policy likely to be of interest to the Assembly]

Legal Advisers

Constitutional and Legislative Affairs Committee

October 2013