The Amendments to Subordinate Legislation (Minimum Landing Size and Miscellaneous Corrections) (Wales) Order 2025

Made: 6 July 2025

Laid before Senedd Cymru: 9 July 2025

Coming into force: 1 August 2025

The Welsh Ministers make this Order in exercise of the powers conferred by— sections 189(1) and 316(1) of the Marine and Coastal Access Act 2009[^f00001]; section 84(1) of the Animal Health Act 1981[^f00002]; sections 59(1), (2)(b) and (3)(a)[^f00003], 61Z(8) and (9)[^f00004], 62R and 74(1)(c)[^f00005] of the Town and Country Planning Act 1990[^f00006].

sections 189(1) and 316(1) of the Marine and Coastal Access Act 2009[^f00001];

section 84(1) of the Animal Health Act 1981[^f00002];

sections 59(1), (2)(b) and (3)(a)[^f00003], 61Z(8) and (9)[^f00004], 62R and 74(1)(c)[^f00005] of the Town and Country Planning Act 1990[^f00006].

PART 1 — Introduction

Title and coming into force

1

• (1) The title of this Order is the Amendments to Subordinate Legislation (Minimum Landing Size and Miscellaneous Corrections) (Wales) Order 2025.

• (2) It comes into force on 1 August 2025.

PART 2 — Amendments to the Animal Gatherings (Fees) (Wales) Order 2018

2

In the Animal Gatherings (Fees) (Wales) Order 2018[^f00007], in the Schedule, for table 1 substitute—

PART 3 — Amendments to the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

3

The Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024[^f00008] is amended in accordance with articles 4 to 13.

Amendments to Part 1 of the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

4

In article 1 (title, application and coming into force), after paragraph 1(2), insert—

(3) In this article, “Wales” (“Cymru”) has the same meaning as in section 158(1) of the Government of Wales Act 2006[^f00009].

5

• (1) In article 2 (interpretation)—

• (2) In the English language text, omit ““cockles” (“cocos”) means shellfish of the type Cerastoderma edule;”;

• (3) In the English language text, after the definition of “cockle bed” and before the definition of “environmental assessment” insert ““cockles” (“cocos”) means shellfish of the type Cerastoderma edule;”;

• (4) In the English language text of the definition of “harvestable surplus”, for “gornifer cocos y gellir eu” substitute “gornifer cocos y gellir eu cynaeafu”) means the live weight of cockles that”;

• (5) Omit “‘Wales’ (“Cymru”) has the same meaning as in section 158(1) Government of Wales Act 2006;”;

• (6) In the Welsh language text omit “mae i “manteisio ar” yr un ystyr ag a roddir i “exploitation” yn adran 153(12) o Ddeddf 2009;”.

Amendments to Part 3 of the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

6

In article 8 (requirement for a permit), for paragraph (3), in the Welsh language text, substitute “(3) Bydd y drwydded yn galluogi’r deiliad trwydded i bysgota am gocos neu gymryd cocos o welyau cocos sydd ar agor yn ystod y cyfnod trwydded.”.

7

• (1) In article 9 (permit conditions)—

• (2) In paragraph (4), for “will” substitute “must”;

• (3) For sub-paragraph (7)(b), substitute “(b) “minimum landing size” means the smallest size of cockle that is retained by a gauge having a square opening of X millimetres measured across each side of the square, with “X” being the measurement set in conditions attached to a permit issued under article 8 of this Order”.

8

In article 10 (persons entitled to a permit), for sub-paragraph (1)(a), in the Welsh language text, substitute “(a) os yw’n 16 oed neu’n hŷn,”.

9

• (1) In article 12 (permit fees)—

• (2) In sub-paragraph (1)(b), for “will” substitute “must”;

• (3) In sub-paragraph (1)(c), for “will” substitute “must”.

Amendments to Part 4 of the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

10

In article 16 (declarations, notices and permits), in paragraph (2), for “will” in both places it occurs, substitute “must”.

Amendments to Schedule 1 (Specified Area) to the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

11

In Schedule 1, in paragraph 1(1)(c)(i), in the English language text, for “High Water Mark or Ordinary Tides” substitute “High Water Mark of Ordinary Tides”.

Amendments to Schedule 2 (Permit conditions) to the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

12

In Schedule 2, in paragraph 7 (gathering and sorting of cockles), in the Welsh language text, for “ystyrir” substitute “bernir”.

Amendments to Schedule 3 (Revocations and amendment) to the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024

13

• (1) Schedule 3 is amended as follows—

• (2) In paragraph 3(3), for “the Cockle Management and Permitting (Specified Area) (Wales) Order 2024” substitute “the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024”;

• (3) In paragraph 3(4)(c), for “in paragraph 2” substitute “in paragraphs 2 and 3, in both places it occurs”;

• (4) In paragraph 6(1), in the Welsh language text, for “Gogledd-orllewin Lloegr a Gogledd Cymru”, substitute “De Cymru”.

PART 4 — Amendments to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012

14

• (1) Schedule 4 to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 [^f00010] is amended as follows.

• (2) Under the heading “Interpretation of Table”, in the definition of “TAN 15 Defended Zones” in paragraph (n), for “Natural Resources Wales” substitute “the Natural Resources Body for Wales”.

PART 5 — Amendments to the Developments of National Significance (Procedure) (Wales) Order 2016

15

• (1) Schedule 5 to the Developments of National Significance (Procedure) (Wales) Order 2016 [^f00011] is amended as follows.

• (2) Under the heading “Interpretation of Table”, in the definition of “TAN 15 Defended Zones” in paragraph (j), for “Natural Resources Wales” substitute “the Natural Resources Body for Wales”.

Signed

Eluned Morgan — First Minister, one of the Welsh Ministers — 6 July 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes amendments to four Orders.

Part 2 of this Order makes an amendment to the Animal Gatherings (Fees) (Wales) Order 2018 (S.I. 2018/645) (W. 119) (“the 2018 Order”).

Article 2 substitutes a new Table 1 into the Schedule to the 2018 Order so as to remove inconsistencies between the wording of the entries in column 1 of that Table. Article 2 is made under section 84(1) of the Animal Health Act 1981.

Part 3 of this Order makes amendments to the Cockle Fishing Management and Permitting (Specified Area) (Wales) Order 2024 (S.I. 2024/767) (W. 112) (“the 2024 Order”).

It addresses errors in the 2024 Order and provides an amended definition of “minimum landing size”. Amendments in Part 3 are made under sections 189(1) and 316(1) of the Marine and Coastal Access Act 2009.

The Byelaws of the former North Western and North Wales Sea Fisheries Committee are published on www.gov.wales/north-western-and-north-wales-inshore-fishery-legislation. The Byelaws of the former South Wales Sea Fisheries Committee are published on www.gov.wales/south-wales-inshore-fishery-legislation.

Part 4 of this Order makes amendments to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (“the 2012 Order”).

Article 14 amends paragraph (n) to the interpretation table in Schedule 4 to the 2012 Order (consultations before the grant of permission) to substitute the words “the Natural Resources Body for Wales” for “Natural Resources Wales”. Article 14 is made under sections 59(1), (2)(b) and (3)(a), and 74(1)(c) of the Town and Country Planning Act 1990.

Part 5 of this Order makes amendments to the Developments of National Significance (Procedure) (Wales) Order 2016 (“the 2016 Order”).

Article 15 amends paragraph (j) to the interpretation table in Schedule 5 to the 2016 Order (duty to consult before the grant of permission) to substitute the words “the Natural Resources Body for Wales” for “Natural Resources Wales”. Article 15 is made under sections 61Z(8) and (9), and 62R of the Town and Country Planning Act 1990.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.

Footnotes

[^f00001]: 2009 c. 23. Section 189 was amended by paragraph 28 of Schedule 10 to the Fisheries Act 2020 (c. 22). Provision which the authority for an IFC district may make by byelaw under section 155 for the purposes set out in section 153 and 154, is further described in sections 156 to 158.

[^f00002]: 1981 c. 22 (“the Act”). The term “the Ministers” is defined in section 86(1)(c). All functions of “the Ministers” under section 84(1) of the Act were, so far as exercisable in relation to Wales by the Secretary of State for Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The joint functions of the Secretary of State for Scotland in relation to Wales, and the Secretary of State for Wales were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). The functions of the Minister for Agriculture, Fisheries and Food were later transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). These functions of the Secretary of State were, in so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). By virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) the functions of the National Assembly for Wales were transferred to the Welsh Ministers. By virtue of paragraph 7 of Part 2 of Schedule 3 to the Government of Wales Act 2006, the functions of the Minister of the Crown are transferred free from the requirement for Treasury approval in section 84(1).

[^f00003]: Section 59 was amended by section 27 of, and paragraphs 1 and 3 of Schedule 4 to, and section 55 of, and paragraph 5 of Schedule 7 to, the Planning (Wales) Act 2015 (anaw 4) (“the 2015 Act”) and by section 1(2) of, and paragraphs 1 and 4 of Schedule 1 to, the Growth and Infrastructure Act 2013 (c. 27)..

[^f00004]: Section 61Z was inserted by section 17(1) and (2) of the 2015 Act.

[^f00005]: There are amendments to section 74 which are not relevant to this instrument.

[^f00006]: 1990 c. 8 (“the 1990 Act”). The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the 1990 Act as substituted by S.I. 2000/253. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). See also section 59(4) of the 1990 Act which provides that a development order in relation to Wales means a development order made by the Welsh Ministers

[^f00007]: S.I. 2018/645 (W. 119), amended by S.I. 2022/1156 (W. 239), S.I. 2024/1109 (W. 185).

[^f00008]: S.I. 2024/767 (W. 112).

[^f00009]: 2006 c. 32.

[^f00010]: S.I. 2012/801 (W. 110). Schedule 4 was substituted by articles 2, 5(3) of, and Schedule 2 to, S.I 2016/59 (W. 29) and amended by S.I 2025/400 (W. 80); there are other amendments which are not relevant to this instrument.

[^f00011]: S.I. 2016/55 (W. 25). Paragraph (j) of the interpretation to the Table in Schedule 5 was inserted by article 2(7) of, and paragraphs 1 and 3(b) of Schedule 3 to S.I 2019/290 (W. 68) and amended by S.I 2025/400 (W. 80); there are other amendments which are not relevant to this instrument.