The Northern Ledger

Amplifying Northern Voices Since 2018

UK order aligns Wales’ new infrastructure consent law

A quiet but important switch has been thrown for Welsh infrastructure. The UK Government has signed off the Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025, tidying UK statutes so Wales’ new single‑consent system dovetails with nuclear safety law, hazardous substances rules and property tax. The instrument was signed by Wales Secretary Jo Stevens on 15 December and comes into force under its own commencement formula.

Why now matters is straightforward. From 15 December 2025, the Infrastructure (Wales) Act 2024 replaces the patchwork of regimes with a unified ‘infrastructure consent’ for significant energy, transport, water and waste projects onshore and in Welsh waters. The Welsh Government says the new system is designed to be simpler and quicker than the old Developments of National Significance route.

One of the Order’s key tweaks is to the Nuclear Installations Act 1965. It adds ‘infrastructure consent’ to the list of permissions that mean certain extra publicity steps under section 3(4) don’t apply when ONR is considering a nuclear site licence for a generating station. In plain terms, it prevents duplication once a Welsh infrastructure order covers the site, mirroring how Electricity Act section 36 consents and Planning Act development consent orders already operate.

Hazardous substances are the next piece. Welsh Ministers can already deem hazardous substances consent when they grant infrastructure consent, but this Order makes consultation with the Health and Safety Executive a must before that step is taken. Ministers told the Lords this aligns Wales’ new regime with longstanding practice under other national consenting systems.

There is also a tidy‑up to section 130 of the Finance Act 2013, which deals with the Annual Tax on Enveloped Dwellings and conversions to non‑residential use. The change adds ‘infrastructure consent’ alongside planning permission and development consent, clarifying that conversions linked to infrastructure schemes only count once the necessary consents are actually in hand. For property funds and project SPVs, that removes a grey area.

The timing is not accidental. With Wylfa on Ynys Môn confirmed on 13 November as the site for the UK’s first small modular reactors, the nuclear licensing tweak matters. It signals that Welsh infrastructure consents will sit cleanly alongside ONR licensing for any nuclear project brought forward at Wylfa.

Process‑wise, the new system is now live. Planning and Environment Decisions Wales is gearing up guidance and case handling, including validation targets and an examination stage with a minimum five‑week representations period before decisions are issued by Ministers. Transitional rules explain how live Transport and Works Act, Electricity Act, highways and harbour schemes can move across.

For firms across the North West and the M56 corridor-civil engineers, grid contractors, consultants and manufacturers-the takeaway is practical. Welsh SIPs will now run through a single order that can also deem hazardous substances consent after HSE input. That should shorten risk registers and reduce duplicate steps on complex energy, water and waste projects that pull in supply chains from Merseyside, Cheshire, Lancashire and Cumbria.

Politically, this is devolution in action with a UK‑level assist. The Order was made under section 150 of the Government of Wales Act 2006 to adjust UK legislation where the Senedd cannot legislate directly-technical work that makes a new Welsh system usable without tripping over Whitehall‑era statutes. It’s not headline‑grabbing, but for project teams it removes friction from day one.

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