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Historic Environment (Wales) Act 2016 (repealed)

8 versions · 2016-03-21

2024-11-04

Historic Environment (Wales) Act 2016 (repealed)

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2022-02-01

Historic Environment (Wales) Act 2016 (repealed)

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2022-01-01

Historic Environment (Wales) Act 2016 (repealed)

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2017-05-31

Historic Environment (Wales) Act 2016 (repealed)

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2017-05-08

Historic Environment (Wales) Act 2016 (repealed)

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2017-05-04

Historic Environment (Wales) Act 2016 (repealed)

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2016-05-21

Historic Environment (Wales) Act 2016 (repealed)

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Changes on 2016-05-21

@@ -10,9 +10,9 @@

- (2) This Part provides an overview of this Act.

- (3) Part 2 makes amendments to the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46), primarily in relation to ancient monuments in Wales. It also makes provision for the Welsh Ministers to compile and maintain a register of historic parks and gardens.

- (4) Part 3 makes amendments to the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) in relation to buildings in Wales that are of special architectural or historic interest (“listed buildings”).

- (3) Part 2 makes amendments to the Ancient Monuments and Archaeological Areas Act 1979 (c.46), primarily in relation to ancient monuments in Wales. It also makes provision for the Welsh Ministers to compile and maintain a register of historic parks and gardens.

- (4) Part 3 makes amendments to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) in relation to buildings in Wales that are of special architectural or historic interest (“listed buildings”).

- (5) Part 4 makes other provision about the historic environment in Wales, including provision—

@@ -34,7 +34,7 @@

- (1) This Part is primarily about the protection of ancient monuments in Wales. It makes provision—

- (a) for the Welsh Ministers to consult before making certain changes to the Schedule under the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (“the 1979 Act”) or certain amendments relating to monuments in the Schedule (section 3);

- (a) for the Welsh Ministers to consult before making certain changes to the Schedule under the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (“*the 1979 Act*”) or certain amendments relating to monuments in the Schedule (section 3);

- (b) to give a monument statutory protection while the Welsh Ministers decide whether to include it in the Schedule or, in the case of a monument already included in the Schedule, to make certain amendments relating to it (section 3);

@@ -64,7 +64,7 @@

##### 3

- (1) After section 1A of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) insert—

- (1) After section 1A of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) insert—

> (1AA)

> (1) This section applies where the Welsh Ministers are proposing—

@@ -96,7 +96,7 @@

> (2) The provisions of this Act have effect in relation to the monument, from the beginning of the day specified for the purposes of section 1AA(4)(c)(ii)—

> (a) in the case of a proposal to include a monument in the Schedule, as if the monument were a scheduled monument; and

> (b) in the case of a proposal to make a material amendment in relation to a monument in the Schedule, as if the amendment were made.

> (3) The protection conferred on a monument or area by virtue of subsection (2) is referred to in this Act as “interim protection”.

> (3) The protection conferred on a monument or area by virtue of subsection (2) is referred to in this Act as “*interim protection*”.

> (4) Interim protection conferred by virtue of subsection (2)(a) ceases to have effect—

> (a) where the Welsh Ministers include the monument in the Schedule, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or

> (b) where the Welsh Ministers decide not to include the monument in the Schedule, from the beginning of the day specified in a notice issued to—

@@ -156,7 +156,7 @@

##### 4

- (1) In section 1 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (schedule of monuments), after subsection (5) insert—

- (1) In section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (schedule of monuments), after subsection (5) insert—

> (5A) Section 1AA makes provision about consultation by the Welsh Ministers on proposals to include or exclude a monument or to make a material amendment in relation to a scheduled monument.

@@ -167,9 +167,9 @@

> (b) send to those persons a copy of the amended map.

> (6C) Section 1AE(2) makes further provision about information that the Welsh Ministers must provide after making certain amendments in relation to the Schedule.

- (3) In section 27 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), for “section 7 or 9” substitute “section 1AD, 7, 9”.

- (4) In section 51 of that Act (ecclesiastical property), in subsection (3), after “under section” insert “1AD,”.

- (3) In section 27 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), for “section 7 or 9” substitute “ section 1AD, 7, 9 ”.

- (4) In section 51 of that Act (ecclesiastical property), in subsection (3), after “under section” insert “ 1AD, ”.

- (5) In section 55 of that Act (proceedings for questioning validity of certain orders, etc), after subsection (3) insert—

@@ -177,7 +177,7 @@

- (6) In section 61 of that Act (interpretation), in subsection (1), insert at the appropriate place⁠—

> - “interim protection” has the meaning given by section 1AB(3);

> “*interim protection*” has the meaning given by section 1AB(3);

@@ -187,7 +187,7 @@

##### 5

- (1) In section 2 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (control of works affecting scheduled monuments), after subsection (5) insert—

- (1) In section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments), after subsection (5) insert—

> (5A) In the case of a monument situated in Wales, the reference in subsection (3)(a) to the granting of written consent includes a reference to the granting of consent in such other manner as may be prescribed by the Welsh Ministers.

> (5B) The Welsh Ministers may by regulations make provision as to the form and content of consent under this section in relation to a monument situated in Wales.

@@ -200,37 +200,37 @@

##### 6

- (1) In section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments), after subsection (3) insert—

> (3A) If works to which this section applies have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument without being authorised under this Part, and the Welsh Ministers grant consent for the retention of the works, the works are authorised under this Part from the grant of the consent.

> (3B) References in this Act to scheduled monument consent (other than in section 4) include a reference to consent under subsection (3A).

- (2) In section 61(1) of that Act (interpretation), in the definition of “scheduled monument”, after “section 2(3)” insert “and (3B)”.

- (2) In section 61(1) of that Act (interpretation), in the definition of “scheduled monument”, after “section 2(3)” insert “ and (3B) ”.

#### Offence of false information on application

##### 7

In Part 1 of Schedule 1 to the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (applications for scheduled monument consent), in paragraph 2(4), after “the requirements of this paragraph” insert “or of regulations made by the Welsh Ministers under it”.

In Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), in paragraph 2(4), after “the requirements of this paragraph” insert “ or of regulations made by the Welsh Ministers under it ”.

#### Refusal of repeat applications etc

##### 8

In Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), after paragraph 2A insert—

> (2B)

> (1) The Welsh Ministers may refuse to entertain an application for scheduled monument consent if—

> (a) within the period of 2 years ending with the date on which the application is received, the Welsh Ministers have refused a similar application; and

> (b) in their opinion, there has been no significant change in any material considerations since the similar application was refused.

> (2) The Welsh Ministers may refuse to entertain an application for scheduled monument consent if the application is made at a time when a similar application is under consideration.

> (3) For the purposes of this paragraph, an application for scheduled monument consent is to be taken to be similar to another such application only if the works to which the applications relate are, in the Welsh Ministers’ opinion, the same or substantially the same.

#### Procedure for determining applications

##### 9

- (1) In Part 1 of Schedule 1 to the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (applications for scheduled monument consent), in paragraph 3, after sub-paragraph (4) insert—

- (1) In Part 1 of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (applications for scheduled monument consent), in paragraph 3, after sub-paragraph (4) insert—

> (5) This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.

@@ -253,11 +253,7 @@

##### 10

- (1) In section 7 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46), in subsection (4), at the beginning insert “In the case of a monument situated in England,”.

- (2) After that subsection insert—

> (4A) In the case of a monument situated in Wales, a person is not entitled to compensation under this section by virtue of subsection (2)(b) if the works in question or any of them would or might result in the total or partial demolition or destruction of the monument, unless those works consist solely of operations involved in or incidental to the use of the site of the monument for purposes specified by the Welsh Ministers by regulations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Agreements relating to scheduled monuments

@@ -265,7 +261,7 @@

##### 11

- (1) After section 9 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) insert⁠—

- (1) After section 9 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) insert⁠—

> (9ZA)

> (1) The Welsh Ministers may enter into an agreement under this section (a “heritage partnership agreement”) with the owner of—

@@ -291,8 +287,8 @@

> (g) provide for the Welsh Ministers, or any local authority in whose area the scheduled monument or its associated land is situated, to make payments of specified amounts and on specified terms—

> (i) for, or towards, the cost of any works provided for under the agreement; or

> (ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

> (5) In this section “specified” means specified or described in the heritage partnership agreement.

> (6) In this section and in section 9ZB “owner”, in relation to a scheduled monument or its associated land, means a person who is for the time being—

> (5) In this section “*specified*” means specified or described in the heritage partnership agreement.

> (6) In this section and in section 9ZB “*owner*”, in relation to a scheduled monument or its associated land, means a person who is for the time being—

> (a) the estate owner in respect of the fee simple in the monument or its associated land (as the case may be); or

> (b) entitled to a tenancy of the monument or its associated land (as the case may be) for a term of years certain of which not less than 7 years remains unexpired.

> (7) Where more than one person is the owner of a scheduled monument or its associated land, the references in subsection (1) and in section 9ZB(2)(b) to the owner are to any one or more of those persons.

@@ -326,9 +322,9 @@

- (2) In section 61 of that Act (interpretation)—

- (a) in subsection (1), in the definition of “owner”, after “(except for the purposes of” insert “sections 9ZA and 9ZB and”;

- (b) in subsection (6), after “In this Act” insert “(other than in section 9ZA)”.

- (a) in subsection (1), in the definition of “owner”, after “(except for the purposes of” insert “ sections 9ZA and 9ZB and ”;

- (b) in subsection (6), after “In this Act” insert “ (other than in section 9ZA) ”.

### Scheduled monuments: enforcement

@@ -336,11 +332,11 @@

##### 12

- (1) In the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46), after section 9ZB (inserted by section 11) insert—

- (1) In the Ancient Monuments and Archaeological Areas Act 1979 (c.46), after section 9ZB (inserted by section 11) insert—

> (9ZC)

> (1) This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).

> (2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “scheduled monument enforcement notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient to do so.

> (2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “*scheduled monument enforcement notice*”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient to do so.

> (3) A scheduled monument enforcement notice must be in writing and must specify—

> (a) the date on which the notice takes effect (see subsection (4));

> (b) the alleged contravention;

@@ -366,7 +362,7 @@

> (a) must publish by electronic means a list containing particulars of each monument in respect of which a scheduled monument enforcement notice has effect; and

> (b) must, on request, provide a copy of a scheduled monument enforcement notice the particulars of which are contained in the list.

> (9ZE)

> (1) A person on whom a scheduled monument enforcement notice is served, or any other person with an interest in the monument or land concerned, may appeal to a magistrates’ court against the notice.

> (1) A person on whom a scheduled monument enforcement notice is served, or any other person with an interest in the monument or land concerned, may appeal to a magistrates' court against the notice.

> (2) An appeal under this section must be brought before the date specified in the notice for the purposes of section 9ZC(3)(a).

> (3) An appeal under this section may be brought on any of the following grounds—

> (a) that the matters alleged to constitute the contravention specified for the purposes of section 9ZC(3)(b) have not occurred;

@@ -378,10 +374,10 @@

> (d) that a copy of the notice was not served as required by section 9ZD;

> (e) that a period specified for the purposes of section 9ZC(3)(c) or (d) falls short of what should reasonably be allowed.

> (4) Where an appeal under this section is brought, the notice is of no effect until the appeal is finally determined or withdrawn.

> (5) On an appeal under this section, a magistrates’ court may uphold the notice or quash it.

> (5) On an appeal under this section, a magistrates' court may uphold the notice or quash it.

> (6) The court may uphold a notice even if copies of it have not been served in accordance with section 9ZD if the court is satisfied that no person on whom a copy should have been, but was not, served has been substantially prejudiced by the failure.

> (9ZF)

> (1) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes⁠—

> (1) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—

> (a) ascertaining whether a scheduled monument enforcement notice should be served;

> (b) securing that a scheduled monument enforcement notice is affixed for the purposes of service in accordance with section 56(2)(b);

> (c) ascertaining whether a scheduled monument enforcement notice has been complied with.

@@ -389,7 +385,7 @@

> (a) at any reasonable time enter the land in, on or under which the monument is situated and take the steps concerned; and

> (b) recover from the person who is then the owner or lessee of the monument or land expenses incurred by them in doing so.

> (3) The liability under subsection (2)(b) of a person who is the owner of a monument or land merely by virtue of being entitled to receive the rack rent as trustee for another person is limited to the total amount of money the person has or has had by virtue of that entitlement.

> (4) Where, on a claim by the owner of a scheduled monument or land, it appears to a magistrates’ court that the occupier of the monument or land is preventing the owner from carrying out the work required by a scheduled monument enforcement notice, the court may by warrant authorise the owner to enter the land and carry out the work.

> (4) Where, on a claim by the owner of a scheduled monument or land, it appears to a magistrates' court that the occupier of the monument or land is preventing the owner from carrying out the work required by a scheduled monument enforcement notice, the court may by warrant authorise the owner to enter the land and carry out the work.

> (9ZG)

> (1) This section applies where after the end of a period specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(c) or (d)—

> (a) the works specified as being required to cease have not ceased; or

@@ -412,21 +408,21 @@

> (b) requires steps to be taken involving the works not being retained; or

> (c) requires steps to be taken for complying with that condition.

- (2) In section 46 of that Act (compensation for damage caused by exercise of certain powers), in subsection (3), after “section 6, 6A,” insert “9ZF,”.

- (2) In section 46 of that Act (compensation for damage caused by exercise of certain powers), in subsection (3), after “section 6, 6A,” insert “ 9ZF, ”.

#### Temporary stop notices

##### 13

- (1) In the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46), after section 9ZH (inserted by section 12) insert—

- (1) In the Ancient Monuments and Archaeological Areas Act 1979 (c.46), after section 9ZH (inserted by section 12) insert—

> (9ZI)

> (2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “temporary stop notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient that the works are stopped immediately (or that part of them is).

> (2) The Welsh Ministers may issue a notice under this section (referred to in this Part as a “*temporary stop notice*”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient that the works are stopped immediately (or that part of them is).

> (3) A temporary stop notice must be in writing and must—

> (a) specify the works in question;

> (b) prohibit execution of the works (or so much of them as is specified in the notice);

> (c) set out the Welsh Ministers’ reasons for issuing the notice; and

> (c) set out the Welsh Ministers' reasons for issuing the notice; and

> (d) include a statement of the effect of section 9ZK.

> (4) A temporary stop notice may be served on a person who appears to the Welsh Ministers—

> (a) to be carrying out the works or causing them to be carried out; or

@@ -439,7 +435,7 @@

> (8) But if the Welsh Ministers withdraw the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.

> (9) The Welsh Ministers may not issue a subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1).

> (10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 9ZM.

> (9ZJ) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes⁠—

> (9ZJ) A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—

> (a) ascertaining whether a temporary stop notice should be served;

> (b) securing the display of a temporary stop notice or securing that it is affixed for the purposes of service in accordance with section 56(2)(b);

> (c) ascertaining whether a temporary stop notice has been complied with;

@@ -465,21 +461,21 @@

> (a) the claimant was required to provide information under section 57, and

> (b) the loss or damage could have been avoided if the claimant had provided the information or otherwise co-operated with the Welsh Ministers when responding to the notice.

- (2) In section 27 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), after “section 1AD, 7, 9” (inserted by section 4) insert “or 9ZL”.

- (3) In section 44 of that Act (supplementary provisions with respect to powers of entry), in subsection (2), at the end insert—

> , or in relation to the power of entry under section 9ZJ of this Act where it is exercised for any of the purposes mentioned in paragraphs (a) to (c) of that section.

- (4) In section 46 of that Act (compensation for damage caused by exercise of certain powers), in subsection (3), after “9ZF,” (inserted by section 12) insert “9ZJ,”.

- (5) In section 51 of that Act (ecclesiastical property), in subsection (3), after “1AD,” (inserted by section 4) insert “9ZL,”.

- (4) In section 46 of that Act (compensation for damage caused by exercise of certain powers), in subsection (3), after “9ZF,” (inserted by section 12) insert “ 9ZJ, ”.

- (5) In section 51 of that Act (ecclesiastical property), in subsection (3), after “1AD,” (inserted by section 4) insert “ 9ZL, ”.

#### Injunctions

##### 14

In the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46), after section 9ZL (inserted by section 13) insert—

In the Ancient Monuments and Archaeological Areas Act 1979 (c.46), after section 9ZL (inserted by section 13) insert—

> (9ZM)

> (1) This section applies where the Welsh Ministers consider it necessary or expedient for any actual or apprehended contravention of section 2(1) or (6) in respect of a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument to be restrained by injunction.

@@ -492,13 +488,13 @@

##### 15

- (1) Section 2 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (control of works affecting scheduled monuments) is amended as follows.

- (2) In subsection (8), after “works within subsection (2)(a) or (c) above” insert “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”.

- (1) Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (control of works affecting scheduled monuments) is amended as follows.

- (2) In subsection (8), after “works within subsection (2)(a) or (c) above” insert “ which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument ”.

- (3) After that subsection insert—

> (8A) In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused⁠—

> (a) had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and

> (b) did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.

@@ -506,9 +502,9 @@

##### 16

- (1) Section 28 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (offence of damaging certain ancient monuments) is amended as follows.

- (2) In subsection (1), after “any protected monument” insert “situated in England”.

- (1) Section 28 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (offence of damaging certain ancient monuments) is amended as follows.

- (2) In subsection (1), after “any protected monument” insert “ situated in England ”.

- (3) After that subsection insert—

@@ -520,9 +516,9 @@

##### 17

- (1) Section 42 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (restrictions on use of metal detectors) is amended as follows.

- (2) In subsection (7), after “an offence under subsection (1) or (3) above” insert “relating to a protected place situated in England”.

- (1) Section 42 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (restrictions on use of metal detectors) is amended as follows.

- (2) In subsection (7), after “an offence under subsection (1) or (3) above” insert “ relating to a protected place situated in England ”.

- (3) After that subsection insert—

@@ -536,10 +532,10 @@

##### 18

- (1) At the beginning of Part 3 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (miscellaneous provisions) insert—

- (1) At the beginning of Part 3 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (miscellaneous provisions) insert—

> (41A)

> (1) The Welsh Ministers must compile and maintain a register (to be known as “the register of historic parks and gardens”) of such of the following grounds in Wales as appear to them to be of special historic interest—

> (1) The Welsh Ministers must compile and maintain a register (to be known as “*the register of historic parks and gardens*”) of such of the following grounds in Wales as appear to them to be of special historic interest—

> (a) parks;

> (b) gardens;

> (c) designed ornamental landscapes;

@@ -569,7 +565,7 @@

##### 19

In section 26 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (power of entry on land believed to contain ancient monument), at the end insert—

In section 26 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (power of entry on land believed to contain ancient monument), at the end insert—

> (4) But subsection (3) does not apply in relation to excavations in the land by a person authorised by the Welsh Ministers under subsection (1) if the Welsh Ministers know or have reason to believe that an ancient monument they know or believe to be in, on or under the land is or may be at risk of imminent damage or destruction.

@@ -577,7 +573,7 @@

##### 20

- (1) In section 53 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (monuments in territorial waters), in subsection (2), after “shall describe the monument as lying off the coast of England, or of Scotland, or of Wales; and” insert “, subject to subsection (2B),”.

- (1) In section 53 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (monuments in territorial waters), in subsection (2), after “shall describe the monument as lying off the coast of England, or of Scotland, or of Wales; and” insert “ , subject to subsection (2B), ”.

- (2) After subsection (2) of that section insert—

@@ -588,7 +584,7 @@

##### 21

- (1) In section 56 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (service of documents), in subsection (1), after paragraph (c) insert—

- (1) In section 56 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (service of documents), in subsection (1), after paragraph (c) insert—

> (ca) in a case where—

> (i) the notice or other document relates to a monument situated in Wales or land in Wales; and

@@ -603,19 +599,19 @@

> (a) capable of being accessed by the person mentioned in that provision;

> (b) legible in all material respects; and

> (c) in a form sufficiently permanent to be used for subsequent reference;

> and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

> and for this purpose “*legible in all material respects*” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

- (3) After subsection (2) of that section insert—

> (3) In this section, “Wales” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).

- (4) In section 61 of that Act (interpretation), in subsection (1), insert at the appropriate place⁠—

> - “address”, in relation to electronic communications, means a number or address used for the purposes of such communications;

> (3) In this section, “*Wales*” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).

- (4) In section 61 of that Act (interpretation), in subsection (1), insert at the appropriate place?—

> “*address*”, in relation to electronic communications, means a number or address used for the purposes of such communications;

;

> - “electronic communication” has the same meaning as in the Electronic Communications Act 2000;

> “*electronic communication*” has the same meaning as in the Electronic Communications Act 2000;

@@ -623,14 +619,14 @@

> (2B) Where—

> (a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act; and

> (b) the communication is received by that person outside that person’s business hours,

> it is to be treated as having been received on the next working day; and in this subsection “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

> (b) the communication is received by that person outside that person's business hours,

> it is to be treated as having been received on the next working day; and in this subsection “*working day*” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

#### Meaning of “monument” in the Ancient Monuments and Archaeological Areas Act 1979

##### 22

- (1) Section 61 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (interpretation) is amended as follows.

- (1) Section 61 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (interpretation) is amended as follows.

- (2) In subsection (7)—

@@ -645,7 +641,7 @@

- (3) After subsection (7) insert—

> (7A) In subsection (7)(d) “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006.

> (7A) In subsection (7)(d) “*Wales*” has the meaning given by section 158(1) of the Government of Wales Act 2006.

## PART 3 — LISTED BUILDINGS

@@ -657,7 +653,7 @@

This Part is about the protection of buildings in Wales that are of special architectural or historic interest. It makes provision—

- (a) for the Welsh Ministers to consult before including a building in, or excluding a building from, a list of buildings under section 1 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (“the 1990 Act”) (section 24);

- (a) for the Welsh Ministers to consult before including a building in, or excluding a building from, a list of buildings under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (“*the 1990 Act*”) (section 24);

- (b) to give a building statutory protection while the Welsh Ministers decide whether to include it in a list (section 24);

@@ -671,7 +667,7 @@

- (g) for a local planning authority to issue a temporary stop notice in a case involving certain works to a listed building (section 29);

- (h) to extend the scope of the urgent works that may be carried out by a local planning authority under the 1990 Act and to provide for the authority’s costs in carrying out those works to be recoverable as a local land charge (section 30);

- (h) to extend the scope of the urgent works that may be carried out by a local planning authority under the 1990 Act and to provide for the authority's costs in carrying out those works to be recoverable as a local land charge (section 30);

- (i) to enable the Welsh Ministers to make regulations about further steps that may be taken to secure the proper preservation of listed buildings in Wales which have fallen into disrepair (section 31);

@@ -685,7 +681,7 @@

##### 24

- (1) After section 2 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) insert—

- (1) After section 2 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—

> (2A)

> (1) This section applies where the Welsh Ministers are proposing to—

@@ -708,7 +704,7 @@

> (2B)

> (1) This section applies where the Welsh Ministers consult under section 2A on a proposal to include a building in a list compiled or approved under section 1.

> (2) The provisions of this Act (other than sections 47 to 51 and 59) and the principal Act have effect in relation to the building, from the beginning of the day specified in the notice for the purposes of section 2A(4)(c)(ii), as if the building were a listed building.

> (3) The protection conferred upon a building by virtue of subsection (2) is referred to in this Act as “interim protection”.

> (3) The protection conferred upon a building by virtue of subsection (2) is referred to in this Act as “*interim protection*”.

> (4) Interim protection conferred by virtue of subsection (2) ceases to have effect—

> (a) where the Welsh Ministers include the building in a list compiled or approved under section 1, from the beginning of the day specified in the notice for the purposes of section 2D(2)(b); and

> (b) where the Welsh Ministers decide not to include the building in such a list, from the beginning of the day specified in a notice issued to—

@@ -760,9 +756,9 @@

##### 25

- (1) In section 3 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (temporary listing: building preservation notices), in the opening words of subsection (1), for the words from the beginning to “county planning authority,” substitute “If it appears to a local planning authority in England who are not a county planning authority”.

- (2) In the heading to that section, after “listing” insert “in England”.

- (1) In section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (temporary listing: building preservation notices), in the opening words of subsection (1), for the words from the beginning to “county planning authority,” substitute “ If it appears to a local planning authority in England who are not a county planning authority ”.

- (2) In the heading to that section, after “listing” insert “ in England ”.

- (3) After that section insert—

@@ -770,7 +766,7 @@

> (1) If it appears to a local planning authority in Wales that a building in their area which is not a listed building (and which is not treated as such by virtue of section 2B(2))—

> (a) is of special architectural or historic interest; and

> (b) is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

> they may serve a notice on the owner and occupier of the building (in this Act referred to as a “building preservation notice”).

> they may serve a notice on the owner and occupier of the building (in this Act referred to as a “*building preservation notice*”).

> (2) A building preservation notice under this section must—

> (a) state that the building appears to them to be of special architectural or historic interest and that they have requested the Welsh Ministers to consider including it in a list compiled or approved under section 1; and

> (b) explain the effect of subsections (3) to (5) and Schedule 2.

@@ -797,7 +793,7 @@

- (5) In section 29 of that Act (compensation for loss or damage caused by service of building preservation notice)—

- (a) in subsection (1), after “a building preservation notice” insert “in respect of a building situated in England”, and

- (a) in subsection (1), after “a building preservation notice” insert “ in respect of a building situated in England ”, and

- (b) after that subsection insert—

@@ -816,11 +812,11 @@

##### 26

- (1) In section 1 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (listing of buildings of special architectural or historic interest)—

- (1) In section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (listing of buildings of special architectural or historic interest)—

- (a) in subsection (4)—

- (i) in the opening words, after “any list under this section” insert “in relation to buildings which are situated in England”, and

- (i) in the opening words, after “any list under this section” insert “ in relation to buildings which are situated in England ”, and

- (ii) in paragraph (a), omit “in relation to buildings which are situated in England,”, and

@@ -832,9 +828,9 @@

- (a) in the opening words—

- (i) after “any building”, in the first place it occurs, insert “situated in England”, and

- (ii) for “any building”, in the second place it occurs, substitute “any such building”, and

- (i) after “any building”, in the first place it occurs, insert “ situated in England ”, and

- (ii) for “any building”, in the second place it occurs, substitute “ any such building ”, and

- (b) in paragraph (a), omit “, Welsh county, county borough,”.

@@ -847,17 +843,17 @@

- (4) In section 3 of that Act (temporary listing: building preservation notices)—

- (a) in the opening words of subsection (2), after “a local planning authority” insert “under this section”,

- (b) in the opening words of subsection (3), after “building preservation notice” insert “under this section”,

- (c) in the opening words of subsection (4), after “building preservation notice” insert “under this section”,

- (d) in subsection (5), after “building preservation notice” insert “under this section”, and

- (e) in subsection (6), after “building preservation notice” insert “under this section”.

- (5) In section 4 of that Act (temporary listing in urgent cases), in subsection (2), for “section 3,” substitute “sections 3 and 3A,”.

- (a) in the opening words of subsection (2), after “a local planning authority” insert “ under this section ”,

- (b) in the opening words of subsection (3), after “building preservation notice” insert “ under this section ”,

- (c) in the opening words of subsection (4), after “building preservation notice” insert “ under this section ”,

- (d) in subsection (5), after “building preservation notice” insert “ under this section ”, and

- (e) in subsection (6), after “building preservation notice” insert “ under this section ”.

- (5) In section 4 of that Act (temporary listing in urgent cases), in subsection (2), for “section 3,” substitute “ sections 3 and 3A, ”.

- (6) In section 5 of that Act (provisions applicable on lapse of building preservation notice)—

@@ -867,13 +863,13 @@

> (2) See section 3A(6) for provision as respects the lapse of building preservation notices in consequence of interim protection taking effect.

- (7) In section 21 of that Act (appeals: supplementary provisions), in subsection (4), after “a building with respect to which” insert “interim protection has effect or”.

- (8) In section 31 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), after “payable under sections 28” insert “, 28B”.

- (9) In section 60 of that Act (exceptions for ecclesiastical buildings and redundant churches), in subsection (2), after “sections 3,” insert “3A,”.

- (10) In section 61 of that Act (exceptions for ancient monuments etc), in subsection (2), for “sections 3,” substitute “sections 2B, 3, 3A,”.

- (7) In section 21 of that Act (appeals: supplementary provisions), in subsection (4), after “a building with respect to which” insert “ interim protection has effect or ”.

- (8) In section 31 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), after “payable under sections 28” insert “ , 28B ”.

- (9) In section 60 of that Act (exceptions for ecclesiastical buildings and redundant churches), in subsection (2), after “sections 3,” insert “ 3A, ”.

- (10) In section 61 of that Act (exceptions for ancient monuments etc), in subsection (2), for “sections 3,” substitute “ sections 2B, 3, 3A, ”.

- (11) In section 62 of that Act (validity of certain orders and decisions), in subsection (2), before paragraph (a) insert—

@@ -883,37 +879,37 @@

- (12) In section 82 of that Act (application of Act to land and works of local planning authorities)—

- (a) in subsection (1), after “sections 2” insert “to 2D,”, and

- (a) in subsection (1), after “sections 2” insert “ to 2D, ”, and

- (b) in subsection (3)—

- (i) after “sections 1(3), (5) and (6),” insert “2B, 2C,”,

- (ii) after “28,” insert “28B,”, and

- (iii) after “Schedules 1” insert “, 1A”.

- (13) In section 88 of that Act (rights of entry), in subsection (4), after “section 28” insert “, 28B”.

- (i) after “sections 1(3), (5) and (6),” insert “ 2B, 2C, ”,

- (ii) after “28,” insert “ 28B, ”, and

- (iii) after “Schedules 1” insert “ , 1A ”.

- (13) In section 88 of that Act (rights of entry), in subsection (4), after “section 28” insert “ , 28B ”.

- (14) In section 91 of that Act (interpretation), in subsection (1)—

- (a) in the definition of “building preservation notice”, for “section 3(1)” substitute “sections 3(1) and 3A(1)”, and

- (a) in the definition of “building preservation notice”, for “section 3(1)” substitute “ sections 3(1) and 3A(1) ”, and

- (b) insert at the appropriate place—

> - “interim protection” has the meaning given in section 2B(3);

> “*interim protection*” has the meaning given in section 2B(3);

- (15) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), in paragraph 7, in sub-paragraph (1), after “sections 3,” insert “3A,”.

- (16) In Schedule 6 to the [Local Government (Wales) Act 1994 (c.19)](https://www.legislation.gov.uk/ukpga/1994/19) (minor and consequential amendments: planning), in paragraph 25, in sub-paragraph (1), omit paragraph (b).

- (15) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), in paragraph 7, in sub-paragraph (1), after “sections 3,” insert “ 3A, ”.

- (16) In Schedule 6 to the Local Government (Wales) Act 1994 (c.19) (minor and consequential amendments: planning), in paragraph 25, in sub-paragraph (1), omit paragraph (b).

#### Issue of certificate that building not intended to be listed

##### 27

- (1) In section 6 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (issue of certificate that building not intended to be listed)—

- (1) In section 6 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (issue of certificate that building not intended to be listed)—

- (a) omit subsection (1),

@@ -921,18 +917,18 @@

- (c) in subsection (3), omit “or (1)”.

- (2) In the heading to that section, after “listed” insert “: England”.

- (2) In the heading to that section, after “listed” insert “ : England ”.

- (3) After that section insert—

> (6A)

> (1) The Welsh Ministers may, on the application of any person, issue a certificate stating that the Welsh Ministers do not intend to list a building situated in Wales.

> (2) The issue of a certificate under subsection (1) in respect of a building⁠—

> (2) The issue of a certificate under subsection (1) in respect of a building?—

> (a) precludes the Welsh Ministers for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on them by section 1 or 2A; and

> (b) precludes the local planning authority for that period from serving a building preservation notice in relation to it.

> (3) Notice of an application under subsection (1) must be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Welsh Ministers.

- (4) In paragraph 9 of Schedule 17 to the [Enterprise and Regulatory Reform Act 2013 (c.24)](https://www.legislation.gov.uk/ukpga/2013/24) (heritage planning regulation), omit sub-paragraph (3).

- (4) In paragraph 9 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c.24) (heritage planning regulation), omit sub-paragraph (3).

### Agreements relating to listed buildings

@@ -940,7 +936,7 @@

##### 28

- (1) After section 26K of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) insert—

- (1) After section 26K of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—

> (26L)

> (1) A relevant local planning authority may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.

@@ -973,10 +969,12 @@

> (g) provide for a relevant local planning authority or the Welsh Ministers to make payments of specified amounts and on specified terms—

> (i) for, or towards, the costs of any works provided for under the agreement; or

> (ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

> (9) In this section “specified” means specified or described in the heritage partnership agreement.

> (9) In this section “*specified*” means specified or described in the heritage partnership agreement.

> (10) In this section and in section 26M—

> - “owner”, in relation to a listed building or part of such a building, means a person who is for the time being— the estate owner in respect of the fee simple in the building or part; or entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than 7 years remain unexpired;

> - “relevant local planning authority”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.

> - “*owner*”, in relation to a listed building or part of such a building, means a person who is for the time being—

> 1. the estate owner in respect of the fee simple in the building or part; or

> 2. entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than 7 years remain unexpired;

> - “*relevant local planning authority*”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.

> (26M)

> (1) A heritage partnership agreement—

> (a) must be in writing;

@@ -1002,7 +1000,7 @@

> (iv) Schedule 3.

> (6) A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, listed building consent granted by such an agreement enures only for the benefit of the parties to the agreement).

- (2) In section 91 (interpretation), in subsection (2), in the closing words, after “but this subsection does not affect the meaning of owner in section 11” insert “, 26L or 26M”.

- (2) In section 91 (interpretation), in subsection (2), in the closing words, after “but this subsection does not affect the meaning of owner in section 11” insert “ , 26L or 26M ”.

### Listed buildings: enforcement

@@ -1010,7 +1008,7 @@

##### 29

- (1) After section 44A of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) insert—

- (1) After section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) insert—

> (44B)

> (1) This section applies where it appears to a local planning authority in Wales that—

@@ -1020,7 +1018,7 @@

> (3) A temporary stop notice must be in writing and must—

> (a) specify the works in question;

> (b) prohibit execution of the works (or so much of them as is specified in the notice);

> (c) set out the authority’s reasons for issuing the notice; and

> (c) set out the authority's reasons for issuing the notice; and

> (d) include a statement of the effect of section 44C.

> (4) A temporary stop notice may be served on a person who appears to the authority—

> (a) to be executing the works or causing them to be executed; or

@@ -1060,7 +1058,7 @@

> (a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

> (b) section 330 of the principal Act.

- (2) In section 31 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), for “and 29” substitute “, 29 and 44D”.

- (2) In section 31 of that Act (general provisions as to compensation for depreciation under Part 1 of the Act), in subsection (2), for “and 29” substitute “ , 29 and 44D ”.

- (3) In section 82A(2) of that Act (Crown application: exceptions), after paragraph (f) insert—

@@ -1075,7 +1073,7 @@

> (b) ascertaining whether a temporary stop notice is being complied with;

> (c) considering any claim for compensation under section 44D.

- (5) In subsection (4) of that section (entry by Valuation Office etc in connection with compensation claims), for “or 29” substitute “, 29 or 44D”.

- (5) In subsection (4) of that section (entry by Valuation Office etc in connection with compensation claims), for “or 29” substitute “ , 29 or 44D ”.

- (6) In section 88B of that Act (rights of entry: supplementary provisions), after subsection (1) insert—

@@ -1083,13 +1081,13 @@

- (7) In Schedule 2 to that Act (lapse of building preservation notices)—

- (a) in paragraph 2, for “or 43” substitute “, 43 or 44C”, and

- (a) in paragraph 2, for “or 43” substitute “ , 43 or 44C ”, and

- (b) after paragraph 4 insert—

> (5) Any temporary stop notice served by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.

- (8) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), in paragraph 7, in sub-paragraph (1), after “42,” insert “44D,”.

- (8) In Schedule 4 to that Act (further provisions as to exercise of functions by different authorities), in paragraph 7, in sub-paragraph (1), after “42,” insert “ 44D, ”.

### Prevention of deterioration or damage to listed buildings

@@ -1097,7 +1095,7 @@

##### 30

- (1) In section 54 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (urgent works to preserve listed buildings), in subsection (4), after “If” insert “, in the case of a building in England,”.

- (1) In section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (urgent works to preserve listed buildings), in subsection (4), after “If” insert “ , in the case of a building in England, ”.

- (2) After that subsection insert—

@@ -1105,9 +1103,9 @@

- (3) After subsection (5) insert—

> (5A) Where the works are to be executed to a building in Wales the whole or part of which is in residential use, the occupier of the building must also be given not less than seven days’ notice in writing of the intention to carry out the works.

- (4) In subsection (6), after “subsection (5)” insert “or (5A)”.

> (5A) Where the works are to be executed to a building in Wales the whole or part of which is in residential use, the occupier of the building must also be given not less than seven days' notice in writing of the intention to carry out the works.

- (4) In subsection (6), after “subsection (5)” insert “ or (5A) ”.

- (5) In the heading to that section, omit “unoccupied”; and in the heading to section 76 of that Act (which enables the Welsh Ministers to direct that section 54 of that Act is to apply to buildings in conservation areas), omit “unoccupied”.

@@ -1129,37 +1127,7 @@

##### 31

- (1) After section 56 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) insert—

> (56A)

> (1) The Welsh Ministers may by regulations make provision about further steps that may be taken by local authorities or the Welsh Ministers to secure the proper preservation of listed buildings in Wales which have fallen into disrepair, and about connected matters.

> (2) Regulations under this section may, among other things, make provision for—

> (a) the service of a notice (a “preservation notice”) on the owner of a listed building in Wales which has fallen into disrepair, specifying—

> (i) the works which the owner must execute to secure the proper preservation of the building; and

> (ii) the time by which such works must be executed;

> (b) appeals against preservation notices;

> (c) offences for failure to comply with preservation notices;

> (d) appeals in respect of such offences.

> (3) Regulations under this section may disapply, or apply or reproduce with or without modifications, any provision of this Act.

> (4) Regulations under this section may amend this Act.

- (2) In section 82A of that Act (application to the Crown), in subsection (2), after paragraph (h) insert—

> (ha) section 56A;

- (3) In section 88 of that Act (rights of entry), in subsection (2)—

- (a) in paragraph (a), after “55,” insert “56A,”, and

- (b) in paragraph (c), after “section 9, 11, 26J or 43” insert “or under regulations made under section 56A”.

- (4) In Schedule 7 to the [Regulatory Enforcement and Sanctions Act 2008 (c.13)](https://www.legislation.gov.uk/ukpga/2008/13) (power under specified enactments to include power to make provision for civil sanctions) at the appropriate place insert—

> - [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9), section 56A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Miscellaneous

@@ -1167,13 +1135,13 @@

##### 32

In section 89 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (application of certain general provisions of principal Act), in subsection (1A), at the beginning insert “In the case of a building situated in England,”.

In section 89 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (application of certain general provisions of principal Act), in subsection (1A), at the beginning insert “ In the case of a building situated in England, ”.

#### Determination of appeals by appointed person: supplementary provision

##### 33

- (1) In Schedule 3 to the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (determination of certain appeals by person appointed by Welsh Ministers), in paragraph 7, in sub-paragraph (2)—

- (1) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (determination of certain appeals by person appointed by Welsh Ministers), in paragraph 7, in sub-paragraph (2)—

- (a) in the opening words, omit “or the Welsh Office”; and

@@ -1203,43 +1171,43 @@

- (2) A historic environment record is a record which provides—

- (a) details of every building in the authority’s area which is included in a list compiled or approved under section 1 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9),

- (b) details of every conservation area in the authority’s area which is designated under section 69 of that Act,

- (c) details of every monument in the authority’s area which is included in the Schedule compiled and maintained under section 1 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46),

- (d) details of each of the grounds in the authority’s area which are included in the register of historic parks and gardens compiled and maintained under section 41A of that Act,

- (e) details of every conflict site in the authority’s area which the Welsh Ministers consider to be of historic interest,

- (f) where a public authority (whether by itself or jointly with other persons) maintains a list of historic landscapes in Wales, details of every historic landscape in the local authority’s area which is included in the list,

- (g) details of every world heritage site in the authority’s area,

- (h) details of every other area or site or other place in the authority’s area which the authority or the Welsh Ministers consider to be of local historic, archaeological or architectural interest,

- (i) information about the way in which the historic, archaeological or architectural development of the authority’s area, or any part of it, has contributed to the present character of the area or part and about how that character may be preserved,

- (j) details of relevant investigations carried out in the authority’s area and of the findings of those investigations, and

- (k) a means of accessing details of every historic place name in the authority’s area which is included in the list compiled and maintained under section 34.

- (3) In subsection (2)(e), “conflict site” means—

- (a) details of every building in the authority's area which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9),

- (b) details of every conservation area in the authority's area which is designated under section 69 of that Act,

- (c) details of every monument in the authority's area which is included in the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46),

- (d) details of each of the grounds in the authority's area which are included in the register of historic parks and gardens compiled and maintained under section 41A of that Act,

- (e) details of every conflict site in the authority's area which the Welsh Ministers consider to be of historic interest,

- (g) details of every world heritage site in the authority's area,

- (h) details of every other area or site or other place in the authority's area which the authority or the Welsh Ministers consider to be of local historic, archaeological or architectural interest,

- (i) information about the way in which the historic, archaeological or architectural development of the authority's area, or any part of it, has contributed to the present character of the area or part and about how that character may be preserved,

- (j) details of relevant investigations carried out in the authority's area and of the findings of those investigations, and

- (k) a means of accessing details of every historic place name in the authority's area which is included in the list compiled and maintained under section 34.

- (3) In subsection (2)(e), “*conflict site*” means—

- (a) a battlefield or a site on which some other conflict involving military forces took place, or

- (b) a site on which significant activities relating to a battle or other such conflict as is mentioned in paragraph (a) occurred.

- (4) In subsection (2)(f), “public authority” means a person certain of whose functions are functions of a public nature.

- (5) In subsection (2)(g), “world heritage site” means a site or other place or other thing which is cultural heritage or natural heritage within the meaning of the World Heritage Convention and is included in the World Heritage List mentioned in Article 11 of that Convention.

- (6) In subsection (5), “the World Heritage Convention” means the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.

- (7) In subsection (2)(h), the reference to a local authority’s area includes, in the case of an authority whose area includes part of the seashore, a reference to any part of the territorial sea that lies seawards from that part of the shore and forms part of Wales (within the meaning given by the [Government of Wales Act 2006 (c.32)](https://www.legislation.gov.uk/ukpga/2006/32)).

- (8) In subsection (2)(j), “relevant investigation”, in relation to a local authority’s area, means —

- (4) In subsection (2)(f), “*public authority*” means a person certain of whose functions are functions of a public nature.

- (5) In subsection (2)(g), “*world heritage site*” means a site or other place or other thing which is cultural heritage or natural heritage within the meaning of the World Heritage Convention and is included in the World Heritage List mentioned in Article 11 of that Convention.

- (6) In subsection (5), “*the World Heritage Convention*” means the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.

- (7) In subsection (2)(h), the reference to a local authority's area includes, in the case of an authority whose area includes part of the seashore, a reference to any part of the territorial sea that lies seawards from that part of the shore and forms part of Wales (within the meaning given by the Government of Wales Act 2006 (c.32)).

- (8) In subsection (2)(j), “*relevant investigation*”, in relation to a local authority's area, means —

- (a) an investigation by the authority or the Welsh Ministers for the purpose of obtaining information of historic, archaeological or architectural interest relating to the area, and

@@ -1253,9 +1221,9 @@

- (b) such other persons as the Welsh Ministers consider appropriate.

- (11) For the purposes of this section, an area or site or other place or other thing is to be regarded as being in a local authority’s area if any part of it is in the area.

- (12) In this section and in section 37, “local authority” means a county council or a county borough council.

- (11) For the purposes of this section, an area or site or other place or other thing is to be regarded as being in a local authority's area if any part of it is in the area.

- (12) In this section and in section 37, “*local authority*” means a county council or a county borough council.

#### Access to historic environment records

@@ -1291,7 +1259,7 @@

- (a) the manner in which the bodies may contribute to the compilation of historic environment records and assist in keeping them up to date, and

- (b) the use of historic environment records in the exercise of the bodies’ functions.

- (b) the use of historic environment records in the exercise of the bodies' functions.

- (2) The bodies are—

@@ -1317,71 +1285,13 @@

##### 38

- (1) The Welsh Ministers must establish a panel of persons, to be known as the Advisory Panel for the Welsh Historic Environment (“the Panel”).

- (2) The purpose of the Panel is to provide the Welsh Ministers with advice on matters relating to the formulation, development and implementation of policy and strategy in relation to the historic environment in Wales; and for this purpose “Wales” has the same meaning as in the [Government of Wales Act 2006 (c.32)](https://www.legislation.gov.uk/ukpga/2006/32) (see section 158(1) of that Act).

- (3) The Panel must, before each relevant financial year, publish a document (the “work programme”) setting out the matters on which it plans to provide the Welsh Ministers with advice during the period of three years comprising that financial year and the two subsequent financial years.

- (4) “Financial year” means the period of 12 months ending with 31 March; and “relevant financial year” means—

- (a) the first financial year to begin after the commencement of subsection (3), and

- (b) each third financial year afterwards.

- (5) The Panel must keep the work programme under review and may amend it in light of doing so; and where the Panel amends the work programme, it must publish it as amended.

- (6) Before publishing the work programme under subsection (3) or (5), the Panel must submit a draft of it to the Welsh Ministers; but the requirement to submit a draft amended under subsection (5) applies only in so far as the Panel considers the amendments significant.

- (7) The Welsh Ministers, having received a draft under subsection (6), may approve the draft with or without modifications.

- (8) The Panel must, at the end of each financial year, publish a document setting out the matters in the work programme on which it has provided the Welsh Ministers with advice during that financial year.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Constitution etc

##### 39

- (1) The members of the Advisory Panel for the Welsh Historic Environment are to be appointed on such terms and conditions as the Welsh Ministers determine.

- (2) The membership of the Panel must not exceed 15 persons.

- (3) The Panel is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

- (4) The validity of an act of the Panel is not affected by a vacancy among its members.

- (5) The Welsh Ministers may pay a member of the Panel such fees, allowances or expenses as the Welsh Ministers may determine.

- (6) The Welsh Ministers may provide such staff, accommodation or other facilities as the Welsh Ministers may consider necessary to enable the Panel to carry out its functions.

- (7) A person is disqualified from membership of the Panel if the person is—

- (a) a member of the National Assembly for Wales,

- (b) a member of the House of Commons or the House of Lords,

- (c) a member of the Scottish Parliament,

- (d) a member of the Northern Ireland Assembly,

- (e) a member of the European Parliament,

- (f) a member of a county council or county borough council in Wales,

- (g) a member of a National Park authority in Wales, or

- (h) a member of staff of an organisation specified in regulations made by the Welsh Ministers.

- (8) Accordingly, a disqualified person may not be appointed as a member of the Panel; and a person appointed as such who becomes disqualified ceases to be a member.

- (9) The Welsh Ministers may dismiss a member of the Panel if satisfied that the member—

- (a) is unfit to continue as a member,

- (b) is unable or unwilling to act as a member, or

- (c) has brought the Panel into disrepute.

- (10) A member of the Panel may resign by giving not less than three months’ notice in writing to the Welsh Ministers.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## PART 5 — GENERAL

@@ -1389,7 +1299,7 @@

##### 40

- (1) In section 60 of the [Ancient Monuments and Archaeological Areas Act 1979 (c.46)](https://www.legislation.gov.uk/ukpga/1979/46) (regulations and orders: general provisions), after subsection (1) insert—

- (1) In section 60 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46) (regulations and orders: general provisions), after subsection (1) insert—

> (1A) Any power of the Welsh Ministers to make regulations or an order under this Act includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Welsh Ministers consider appropriate.

@@ -1402,27 +1312,27 @@

> may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

> (5) Any other statutory instrument containing regulations or an order made by the Welsh Ministers under this Act, other than regulations under section 19, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

- (3) In section 93 of the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9) (regulations and orders: general provisions), in subsection (1), after “regulations under this Act” insert “in relation to England and the Welsh Ministers may make regulations under this Act in relation to Wales”.

- (3) In section 93 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (regulations and orders: general provisions), in subsection (1), after “regulations under this Act” insert “ in relation to England and the Welsh Ministers may make regulations under this Act in relation to Wales ”.

- (4) In subsection (3) of that section—

- (a) after “regulations made under this Act” insert “, other than regulations under section 2A , 26M or 56A,”, and

- (b) after “either House of Parliament” insert “(in the case of regulations made by the Secretary of State) or the National Assembly for Wales (in the case of regulations made by the Welsh Ministers)”.

- (a) after “regulations made under this Act” insert “ , other than regulations under section 2A , 26M or 56A, ”, and

- (b) after “either House of Parliament” insert “ (in the case of regulations made by the Secretary of State) or the National Assembly for Wales (in the case of regulations made by the Welsh Ministers) ”.

- (5) After subsection (3) of that section insert—

> (3A) A statutory instrument containing regulations under section 2A, 26M or 56A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

- (6) In subsection (4) of that section, after “sections 8(5), 26C,” insert “55(5B),”.

- (6) In subsection (4) of that section, after “sections 8(5), 26C,” insert “ 55(5B), ”.

- (7) In subsection (5) of that section—

- (a) after “an order under section” insert “55(5B),”, and

- (b) after “either House of Parliament” insert “(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)”.

- (8) In subsection (6) of that section, after “the Secretary of State” insert “or (as the case may be) the Welsh Ministers”.

- (a) after “an order under section” insert “ 55(5B), ”, and

- (b) after “either House of Parliament” insert “ (in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers) ”.

- (8) In subsection (6) of that section, after “the Secretary of State” insert “ or (as the case may be) the Welsh Ministers ”.

- (9) In section 21 of that Act (appeals: supplementary provision), omit subsections (10) and (11).

@@ -1448,11 +1358,11 @@

- (b) section 2;

- (c) sections 3, 5 and 11 and Schedule 1, so far as they confer power to make regulations under the [Ancient Monuments and Archaeological Areas Act 1979 (c. 46)](https://www.legislation.gov.uk/ukpga/1979/46);

- (c) sections 3, 5 and 11 and Schedule 1, so far as they confer power to make regulations under the Ancient Monuments and Archaeological Areas Act 1979 (c. 46);

- (d) section 23;

- (e) sections 24 and 28 and Schedule 2, so far as they confer power to make regulations under the [Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9)](https://www.legislation.gov.uk/ukpga/1990/9);

- (e) sections 24 and 28 and Schedule 2, so far as they confer power to make regulations under the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9);

- (f) this Part.

@@ -1555,5 +1465,3 @@

[^key-1cd5eea130fdeefa1a2e65475beebb7d]: [S. 35](https://www.legislation.gov.uk/anaw/2016/4/section/35) in force at 31.5.2017 by [S.I. 2017/633](https://www.legislation.gov.uk/wsi/2017/633), [art. 4(d)](https://www.legislation.gov.uk/wsi/2017/633/article/4/d)

[^key-4b214faf4bedd133ebbb1fc8fede76e4]: [Act](https://www.legislation.gov.uk/anaw/2016/4) repealed (4.11.2024) by [Historic Environment (Wales) Act 2023 (asc 3)](https://www.legislation.gov.uk/asc/2023/3), [s. 212(2)](https://www.legislation.gov.uk/asc/2023/3/section/212/2), [Sch. 13 para. 193](https://www.legislation.gov.uk/asc/2023/3/schedule/13/paragraph/193) (with [Sch. 14 paras. 1-3](https://www.legislation.gov.uk/asc/2023/3/schedule/14/paragraph/1)); [S.I. 2024/860](https://www.legislation.gov.uk/wsi/2024/860), [art. 3(d)](https://www.legislation.gov.uk/wsi/2024/860/article/3/d)

#### Overview

2016-03-21

Historic Environment (Wales) Act 2016 (repealed)

original version Text at this date