The UK Government has finalised a short technical Order that brings three pieces of UK legislation into line with Wales’ new infrastructure consenting regime. The Infrastructure (Wales) Act 2024 (Consequential Amendments) Order 2025 (SI 2025/1330) was made on 15 December 2025 and, under its commencement clause, takes effect on 16 December 2025. It updates nuclear site licensing, hazardous substances consultation and an Annual Tax on Enveloped Dwellings provision to recognise ‘infrastructure consent’.
The Order is made under section 150 of the Government of Wales Act 2006, which empowers the Secretary of State to make consequential provision following Acts of Senedd Cymru. It was laid in draft on 27 October 2025 under the affirmative procedure before both Houses and then signed by the Secretary of State for Wales.
The Infrastructure (Wales) Act 2024 establishes a single application and consenting route for significant energy, transport, water and waste projects determined by Welsh Ministers. The Welsh Government confirms the new process became operational on 15 December 2025, replacing earlier regimes including Developments of National Significance.
Article 2 amends section 3(8)(a) of the Nuclear Installations Act 1965 so that an “order under the Infrastructure (Wales) Act 2024 granting infrastructure consent for the site” is expressly recognised. The effect is to add Welsh infrastructure consent to the categories for which section 3(4) of the 1965 Act does not apply within the nuclear site licensing framework.
For developers, the nuclear change removes an administrative ambiguity: where a project in Wales proceeds under an infrastructure consent order, the licensing authority can treat that authorisation on the same footing as other recognised consents when considering a nuclear site licence. Safety standards and licence conditions remain unchanged.
Article 3 updates section 12(3) of the Planning (Hazardous Substances) Act 1990 so that, before issuing a direction deeming hazardous substances consent when making an order under new section 12(2C), the decision‑maker must consult the Health and Safety Executive. This aligns the new Welsh consent route with HSE’s established statutory consultee role.
Article 4 amends section 130 of the Finance Act 2013 (ATED: conversion of a dwelling for non‑residential use) by adding “infrastructure consent” alongside planning permission and development consent. In practice, a building is not treated as unsuitable for residential use for ATED purposes until any required planning permission, development consent or infrastructure consent has been granted.
Timing is coordinated with Welsh secondary legislation made on 11 November 2025 setting consequential, transitional and saving provisions for the new regime, most of which commenced on 15 December 2025. The UK Order dovetails with that package to ensure UK‑level regimes recognise and operate with infrastructure consent in Wales.
No impact assessment accompanies the Order. The government states that no, or no significant, impact on the private, voluntary or public sector is expected, consistent with the instrument’s limited consequential scope.
Applicants and authorities should ensure documentation, workflows and guidance reflect the updated terminology: reference “infrastructure consent” in nuclear licensing strategies; build in HSE consultation where a deemed hazardous substances consent is envisaged; and review ATED positions to avoid assuming a dwelling has become unsuitable before any required infrastructure consent is granted.