Legalize / United Kingdom / Wales / Act of Senedd Cymru

Historic Environment (Wales) Act 2023

Type Act of Senedd Cymru

Publication 2023-06-14

Last updated 2025-12-15

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) The Welsh Ministers may direct a planning authority that, despite any provision made by regulations under subsection (2)(c), this section is to apply to a building of a description specified in the direction.

(4) Subsection (1) does not prohibit works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).

(5) Schedule 11 makes provision about the effect of this section ceasing to apply to a building.

(6) This section is subject to section 20(1)(c)(iii) of the Infrastructure (Wales) Act 2024 (authorisation by conservation area consent not required for development to the extent that infrastructure consent required).”.

Choice of inquiry, hearing or written procedure

162

(1) Works for the demolition of a building to which section 161 applies are authorised if—

(a) written consent to carry them out has been granted by the planning authority in whose area the building is situated or the Welsh Ministers, and

(b) the works are carried out in accordance with the terms of the consent (including any conditions attached to it).

(2) Where—

(a) works for the demolition of a building to which section 161 applies have been carried out without being authorised, and

(b) the planning authority or the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of that consent.

(3) Consent under subsection (1) or (2) is referred to in this Act as conservation area consent.

Application of Part 3 to conservation areas

163

(1) The following provisions of Part 3 apply in relation to buildings to which section 161 applies as they apply in relation to listed buildings—

(a) Chapter 2 (control of works), except—

(i) sections 88 and 89;

(ii) section 90(1)(c) and (4)(b);

(iii) section 95;

(iv) section 96(2);

(v) section 97(5), (6) and (9);

(vi) sections 98(3)(b) and 99(5);

(vii) section 101(2);

(viii) section 104(3);

(ix) section 111(5) and (8);

(b) Chapter 4 (enforcement), except—

(i) section 117(5);

(ii) section 118;

(iii) section 128(3)(c);

(i) section 152(1), (2), (3)(b) and (5)(c) to (e);

(ii) section 156.

(2) In their application in relation to buildings to which section 161 applies—

(a) the provisions applied by subsection (1) are to be read as if—

(i) any reference to listed building consent were a reference to conservation area consent;

(ii) any reference to the character of a listed building were a reference to the character or appearance of the conservation area in which the building is situated;

(iii) any other reference to a listed building were a reference to a building to which section 161 applies;

(iv) any reference to section 88 were a reference to section 161;

(b) the provisions applied by subsection (1)(a) are to be read as if—

(i) in section 98(3)(a), the reference to section 89(2) were a reference to section 162(2);

(ii) in section 99(3), for “Sections 90 to 95” there were substituted “Sections 90 to 94”;

(i) in sections 117(4), 121(4) and 127(2)(d), the references to the preservation of the building were omitted;

(ii) in section 126(1), the reference to section 89(2) were a reference to section 162(2);

(iii) in section 127(2), for paragraph (a) there were substituted “that retention of the building is not necessary in the interests of preserving or enhancing the character or appearance of the conservation area in which it is situated”;

(d) the provisions applied by subsection (1)(c) are to be read as if, in section 152(3)(c), the reference to section 118 were omitted.

(3) The Welsh Ministers may by regulations amend this section to make additional or different provision about the application of Chapters 2, 4 and 6 of Part 3 in relation to buildings to which section 161 applies.

Urgent preservation of buildings in conservation areas

Urgent works to preserve buildings in conservation areas

164

(1) Subsection (2) applies where the Welsh Ministers consider that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area.

(2) The Welsh Ministers may direct that section 144 (urgent works) applies to the building as it applies to listed buildings.

(3) Where a direction has effect in relation to a building—

(a) sections 144 to 146 are to be read as if references to a listed building were references to the building;

(b) section 144(7) is to be read as if paragraph (b) were omitted.

Grants and conservation area agreements

Grant by Welsh Ministers for preservation or enhancement of conservation areas

165

(1) The Welsh Ministers may make grants to meet any relevant expenditure that they consider has made or will make a significant contribution towards the preservation or enhancement of the character or appearance of a conservation area.

(2) Expenditure is relevant for the purposes of subsection (1) if it has been or is to be incurred in or in connection with, or with a view to the promotion of, such preservation or enhancement as is mentioned in that subsection.

(3) The following provisions of this section apply where—

(a) the Welsh Ministers make a grant under subsection (1) in relation to a building or other land on terms which provide for it to be recoverable under this section, and

(b) before or on making the grant the Welsh Ministers give notice in writing to the recipient of the grant which—

(i) summarises the effect of this section, and

(ii) specifies a period, beginning with the day the grant is made and ending not more than 10 years after that day, during which the grant is to be recoverable in accordance with subsections (5) to (7) (“the recovery period”).

(4) If any condition imposed on the making of the grant is not complied with, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(5) Subsections (6) and (7) apply if during the recovery period—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or other land to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(6) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(7) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(8) The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

(9) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Conservation area agreements

166

(1) The Welsh Ministers may make a conservation area agreement with one or more planning authorities.

(2) A conservation area agreement is an agreement that a specified amount of money will be set aside for a specified period of years for the purpose of making grants for the repair of buildings which are situated in a conservation area and—

(a) included in a list compiled for the purposes of the agreement by the parties to it, or by them and other planning authorities, or

(b) shown on a map prepared for those purposes by the parties, or by them and other planning authorities.

(3) The Welsh Ministers may pay a grant for the purposes of a conservation area agreement to a planning authority which is a party to the agreement or any other person.

(4) The Welsh Ministers may make arrangements with any such authority about how the agreement is to be carried out (including arrangements for the offer and payment of grants under this section).

(5) Section 165(4) to (9) apply to a grant under this section, but taking the recovery period to be 3 years beginning with the day the grant is made.

PART 5 — SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS

CHAPTER 1 — EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

Fees and charges for exercising functions

167

(1) The Welsh Ministers may by regulations require the payment of a fee or charge to a planning authority for—

(a) performing any of its functions under Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts;

(b) doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of those functions.

(2) Regulations under this section may in particular—

(a) make provision about when a fee or charge must be paid;

(b) make provision about who must pay a fee or charge;

(d) specify circumstances in which a fee or charge is to be waived or refunded (wholly or in part);

(e) specify circumstances in which no fee or charge is to be paid;

(f) make provision about the effect of paying or failing to pay a fee or charge in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act);

(g) specify circumstances in which a fee or charge payable to one planning authority is to be transferred to another planning authority.

(3) If regulations under this section provide for a planning authority to calculate the amount of any fees or charges, the authority must ensure that, taking one financial year with another, its income from the fees or charges does not exceed the cost of performing the functions, or doing the things, to which they relate.

Arrangements for exercising functions in relation to applications

168

(1) Sections 319ZA to 319ZD of the Town and Country Planning Act 1990 (c. 8) (discharge of functions relating to applications) apply to the exercise by a planning authority of its functions in relation to applications under or by virtue of Parts 3 and 4 as they apply to the exercise of its functions in relation to applications under that Act.

(2) The validity of a consent or determination granted or made, or purported to be granted or made, by a planning authority in respect of an application made under or by virtue of either of those Parts may not be questioned in any legal proceedings, or in any other proceedings under this Act, on the ground that the consent or determination should have been granted or made by another planning authority.

Arrangements for obtaining specialist advice

169

(1) The Welsh Ministers may at any time direct a planning authority to submit for their approval the arrangements the authority proposes to make for obtaining specialist advice in connection with its relevant functions.

(2) The authority must submit its proposed arrangements to the Welsh Ministers within the period specified in the direction.

(3) If the Welsh Ministers are not satisfied with the arrangements that the authority (“authority A”) proposes to make, they may direct authority A and another planning authority specified in the direction (“authority B”)—

(a) to make an agreement under section 113 of the Local Government Act 1972 (c. 70) to place the services of persons employed by authority B who are qualified to give the specialist advice at the disposal of authority A, or

(b) to make arrangements for authority B to exercise of any of the relevant functions of authority A.

(4) A direction under subsection (3)(b) may make provision about the terms of the arrangements.

(5) Before giving a direction under subsection (3) the Welsh Ministers must consult both planning authorities.

(6) For the purposes of this section the relevant functions of a planning authority are its functions under or by virtue of—

(a) sections 83 and 84 (temporary listing of buildings),

(b) Chapter 2 (grant, modification and revocation of consent) of Part 3,

(d) Chapter 4 (enforcement of controls) of that Part,

(e) section 314A(1) of the Town and Country Planning Act 1990 (c. 8) (planning permission for development affecting listed buildings), and

(f) sections 158 to 163 of this Act (designation of conservation areas, duties of planning authorities and control of demolition).

Form of documents

170

The Welsh Ministers may by regulations specify the form and content of any notice, order or other document that a local authority is authorised or required to serve, make or issue under or by virtue of Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts.

Contributions towards expenditure by local authorities

171

(1) Any local authority or statutory undertaker may contribute towards expenditure incurred by a planning authority or other local authority in or in connection with the exercise of its functions under Part 3 (including its functions under that Part as applied by section 163).

(2) Subsection (1) does not apply to expenditure incurred—

(a) in the payment of compensation under sections 80, 86, 108, 116 and 122 (but this does not prevent an authority complying with a direction under subsection (3)(b)), or

(b) in or in connection with the exercise of functions under sections 143 to 146, 148 and 149.

(3) Where compensation is payable by a planning authority or other local authority in consequence of anything done under Chapters 1 to 4 of Part 3 (including anything done under Chapter 2 or 4 of that Part as applied by section 163), the Welsh Ministers may—

(a) contribute towards the payment of the compensation, if the thing was done wholly or partly in the interest of a service which is provided by the Welsh Ministers, or

(b) direct another local authority to contribute an amount that the Welsh Ministers consider reasonable, having regard to any benefit accruing to that other authority as a result of the thing being done.

(4) Subsection (3)(b) does not apply where a planning authority is liable to pay compensation under section 116 in consequence of the termination of a listed building partnership agreement or a provision of such an agreement.

(5) In such a case, the Welsh Ministers may direct any other planning authority that is or was a party to the agreement to reimburse the authority by which the compensation is payable, in whole or in part.

(6) The Welsh Ministers may not give a direction under subsection (5) unless they have consulted all of the planning authorities that are or were parties to the agreement.

CHAPTER 2 — PROCEEDINGS BEFORE THE WELSH MINISTERS

Procedural provisions applying to appeals to Welsh Ministers

Fees for appeals

172

(1) The Welsh Ministers may by regulations require a person who makes an appeal to which this section applies to pay a fee to the Welsh Ministers.

(2) This section applies to—

(a) an appeal under section 100 (appeal against decision or failure to make decision on application for listed building consent or conservation area consent, for the variation or removal of conditions or for approval of details);

(b) an appeal under section 127 (appeal against enforcement notice).

(3) Regulations under this section may in particular—

(a) make provision about when a fee must be paid;

(b) make provision about how a fee is to be calculated (including who is to make the calculation);

(d) specify circumstances in which no fee is to be paid;

(e) make provision about the effect of paying or failing to pay a fee in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act).

Determination of appeal by appointed person

173

(1) An appeal to which this section applies is to be determined by a person appointed by the Welsh Ministers (instead of by the Welsh Ministers).

(2) This section applies to—

(a) an appeal under section 100 (appeal against decision or failure to make decision on application for listed building consent or conservation area consent, for the variation or removal of conditions or for approval of details);

(b) an appeal under section 127 (appeal against enforcement notice).

(3) But this section does not apply to an appeal if—

(a) it is an appeal of a description specified in regulations made by the Welsh Ministers, or

(b) the Welsh Ministers direct that the appeal is to be determined by them instead of by an appointed person.

(4) This section does not affect any provision of this Act or of regulations made under it that an appeal may be made to, or that a notice of appeal must be served on, the Welsh Ministers.

(5) Where an appointed person determines an appeal, the appointed person’s decision is to be treated as the decision of the Welsh Ministers.

(6) Schedule 12 makes further provision in connection with appointments under subsection (1) and directions under subsection (3)(b).

Procedural provisions applying to appeals and other proceedings before Welsh Ministers

Choice of inquiry, hearing or written procedure

174

(1) The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.

(2) A determination must provide for the proceedings to be considered in one or more of the following ways—

(a) at a local inquiry;

(b) at a hearing;

(3) The Welsh Ministers must make a determination before the end of the period specified in regulations made by the Welsh Ministers.

(4) A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.

(5) The Welsh Ministers must notify the following persons of a determination—

(a) the applicant or appellant (as appropriate), and

(b) the planning authority concerned.

(6) The Welsh Ministers must publish the criteria they will apply in making determinations.

(7) This section applies to the following proceedings—

(a) an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(b) an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(c) an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(d) an appeal under section 127 (appeal against enforcement notice).

(8) The Welsh Ministers may by regulations amend subsection (7) to—

(a) add proceedings under or by virtue of Part 3, Part 4 or this Part,

(b) remove proceedings, or

Procedural requirements

175

(1) The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with—

(a) proceedings on any application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The regulations may include provision about—

(a) the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;

(b) the conduct of proceedings.

(3) The regulations may include provision about the procedure to be followed—

(a) where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or

(c) where steps have been taken in pursuance of such a direction and a further direction is given revoking that direction,

and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.

(4) The regulations may—

(a) specify a time limit within which a party to proceedings must submit representations in writing and any supporting documents, or enable the Welsh Ministers to give directions setting the time limit in a particular case or in cases of a particular description;

(b) enable the Welsh Ministers to proceed to a decision taking into account only the representations in writing and supporting documents that were submitted within the time limit;

(c) enable the Welsh Ministers, after giving the parties notice in writing of their intention to do so, to proceed to a decision even though no representations in writing were submitted within the time limit, if they consider that they have sufficient material before them to enable them to reach a decision on the merits of the case.

(5) The regulations may also make provision about the circumstances in which—

(a) a direction about the payment of the Welsh Ministers’ costs may be given under section 180;

(b) an order about the payment of a party’s costs may be made under section 181.

(6) The regulations may provide that in circumstances specified in the regulations a matter may not be raised in proceedings on an appeal to the Welsh Ministers unless—

(a) the matter was previously raised before a time specified in the regulations, or

(b) it is shown that the matter could not have been raised before that time.

Local inquiries

Power of Welsh Ministers to hold local inquiry

176

(1) The Welsh Ministers may cause a local inquiry to be held for the purposes of the exercise of any of their functions under or by virtue of Part 3, Part 4 or this Part.

(2) See also paragraph 3(1) of Schedule 12 for the power of a person appointed by the Welsh Ministers under section 173 to hold a local inquiry in connection with an appeal.

Power of person holding inquiry to require evidence

177

(1) A person holding a local inquiry under this Part may by summons require any person—

(a) to attend the inquiry, at a time and place stated in the summons, and to give evidence, or

(b) to produce any documents in the person’s possession or under the person’s control which relate to any matter in question at the inquiry.

(2) The person holding the inquiry may take evidence on oath, and for that purpose may administer oaths.

(3) A summons under this section does not require a person to attend the inquiry unless the person’s necessary expenses of attending are paid or offered to the person.

(4) A person may not be required under this section to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.

(5) It is an offence for a person to—

(a) refuse or deliberately fail to comply with a requirement of a summons under this section, or

(b) deliberately alter, suppress, conceal or destroy a document the person is required, or is liable to be required, to produce under this section.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or imprisonment for a term not exceeding the maximum term for summary offences, or both.

(7) In subsection (6) “the maximum term for summary offences” means—

(a) in relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, 6 months;

(b) in relation to an offence committed after it comes into force, 51 weeks.

Access to evidence at inquiry

178

(1) At a local inquiry held under this Part—

(a) oral evidence must be heard in public, and

(b) documentary evidence must be available for public inspection.

(2) But if a ministerial authority is satisfied that both of the conditions in subsection (3) are met in relation to an inquiry, it may direct that evidence of a description specified in the direction is to be heard or available for inspection at that inquiry only by persons who are specified in the direction or of a description specified in it.

(3) The conditions are—

(a) that giving evidence of a particular description in public or making it available for public inspection would be likely to result in the disclosure of information about—

(i) national security, or

(ii) the measures taken or to be taken to ensure the security of any land or other property, and

(b) that the public disclosure of the information would be against the national interest.

(4) If a ministerial authority is considering giving a direction under this section, the Counsel General may appoint a person (an “appointed representative”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(5) If there is no appointed representative when a ministerial authority gives a direction under this section, the Counsel General may at any time appoint a person as an appointed representative for the purposes of the inquiry.

(6) The Welsh Ministers may by regulations make provision about—

(a) the procedure to be followed by a ministerial authority before it gives a direction under this section in a case where there is an appointed representative;

(b) the functions of an appointed representative.

(7) In this section and section 179, “ministerial authority” means the Welsh Ministers or the Secretary of State.

Payment of appointed representative where access to evidence restricted

179

(1) This section applies if a person is appointed under section 178 as an appointed representative for the purposes of a local inquiry, whether or not the inquiry takes place.

(2) A ministerial authority may direct a person (“the responsible person”) to pay the fees and expenses of the appointed representative.

(3) The responsible person must be a person that the ministerial authority considers is, or would have been, interested in the inquiry in relation to—

(a) national security, or

(b) the measures taken or to be taken to ensure the security of any land or other property.

(4) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the ministerial authority that gave the direction.

(5) The ministerial authority must cause the amount agreed between the appointed representative and the responsible person, or determined by the ministerial authority, to be certified.

(6) The certified amount is recoverable from the responsible person as a debt.

Costs of proceedings before Welsh Ministers

Payment of costs of Welsh Ministers

180

(1) This section applies to the following proceedings—

(a) proceedings on an application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The Welsh Ministers may give a direction requiring the applicant or appellant, or a planning authority or other party to the proceedings, to pay the costs incurred by the Welsh Ministers in relation to the proceedings (or so much of those costs as the Welsh Ministers may direct).

(3) The costs incurred by the Welsh Ministers in relation to any proceedings include—

(a) the entire administrative cost incurred by the Welsh Ministers in connection with the proceedings, including in particular a reasonable amount that they determine in respect of general staff costs and overheads of the Welsh Government;

(b) costs in respect of an inquiry or hearing that does not take place.

(4) The Welsh Ministers may by regulations specify a standard daily amount for proceedings of a specified description.

(5) Where proceedings of a specified description take place, the costs incurred by the Welsh Ministers are to be taken to be—

(a) the standard daily amount for each day (or an appropriate proportion of that amount for a part of a day) on which a specified person is engaged in dealing with the case;

(b) costs actually incurred in connection with dealing with the case on—

(i) travelling or subsistence allowances, or

(ii) the provision of accommodation or other facilities;

(d) any legal costs or disbursements incurred or made by or on behalf of the Welsh Ministers in connection with the case.

(6) In this section “specified” means specified in regulations made by the Welsh Ministers.

Orders relating to costs of parties

181

(1) This section applies to the following proceedings—

(a) proceedings on an application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The Welsh Ministers may make orders about—

(a) the costs of the applicant or appellant, or a planning authority or other party to the proceedings (which may include costs in respect of an inquiry or hearing that does not take place), and

(b) the person or persons who must pay the costs.

(3) But the Welsh Ministers may not order a person to pay the costs of another party unless they are satisfied that—

(a) the person has behaved unreasonably in relation to the proceedings, and

(b) the person’s unreasonable behaviour has caused the other party to incur unnecessary or wasted expenditure.

(4) The power to make orders under this section must also be exercised in accordance with any provision made under section 175(5)(b) (procedural requirements).

CHAPTER 3 — VALIDITY AND CORRECTION OF DECISIONS

Validity of decisions and orders

Validity of certain decisions and orders relating to buildings

182

(1) The validity of a decision or order to which this section applies may not be questioned in any legal proceedings except an application for statutory review under section 183.

(2) The decisions to which this section applies are—

(a) a decision on a review under section 81 (review of listing decision);

(b) a decision on an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(c) a decision on an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(d) a decision on an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(e) a decision under paragraph 2 of Schedule 9 to confirm or not to confirm a purchase notice, including—

(i) a decision to confirm the notice in relation to only part of the land to which it relates, and

(ii) a decision to grant listed building consen‍t or conservation area consent, or direct that consent must be granted, instead of confirming the notice in relation to the land or any part of it;

(f) a decision under section 128(3)(a) or (b) (determination of appeal against enforcement notice) to grant listed building consent or conservation area consent or remove a condition of consent.

(3) The orders to which this section applies are—

(a) an order under section 107 (modification or revocation of consent) made by a planning authority (whether or not it has been confirmed by the Welsh Ministers) or the Welsh Ministers;

(b) an order under section 115 (termination of listed building partnership agreement or provision of agreement) made by a planning authority or the Welsh Ministers;

(c) an order under section 181(orders relating to costs of parties) made in connection with a decision mentioned in subsection (2) or an order mentioned in paragraph (a) or (b).

(4) This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.

Application to High Court for statutory review of decision or order

183

(1) A person aggrieved by a decision or order to which section 182 applies, or the authority directly concerned with such a decision or order, may make an application for statutory review.

(2) An application for statutory review is an application to the High Court questioning the validity of the decision or order on the grounds that—

(a) it is not within the powers conferred by this Act, or

(b) a requirement of this Act, or of subordinate legislation made under it, has not been complied with in relation to the decision or order.

(3) An application for statutory review may only be made with the permission of the High Court.

(4) An application for permission must be made before the end of 6 weeks beginning with the day after—

(a) in the case of an application relating to a decision mentioned in section 182(2), the day the decision is made;

(b) in the case of an application relating to an order made by a planning authority under section 107 and confirmed by the Welsh Ministers (with or without modifications), the day the order is confirmed;

(d) in the case of an application relating to an order made by a planning authority under section 115, the day the order is confirmed;

(e) in the case of an application relating to any other order mentioned in section 182(3), the day the order is made.

(5) When considering whether to give permission, the High Court may make an interim order suspending the operation of the decision or order to which the proposed application for statutory review relates until the final determination of the proceedings on—

(a) the application for permission, or

(b) where permission is given, the application for statutory review.

(6) On an application for statutory review the High Court—

(a) may make an interim order suspending the operation of the decision or order to which the application relates until the proceedings are finally determined;

(b) may quash that decision or order if satisfied that—

(i) it is not within the powers conferred by this Act, or

(ii) the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act, or of subordinate legislation made under it, in relation to the decision or order.

(7) For the purposes of this section the authority directly concerned with a decision or order is—

(a) in the case of a decision on an application referred to the Welsh Ministers under section 94, the planning authority that made the reference;

(b) in the case of a decision on an appeal under section 100, the planning authority to which the application to which the appeal relates was made;

(i) the planning authority on which the purchase notice was served (see section 109), and

(ii) if the Welsh Ministers have modified the notice wholly or in part by substituting another local authority or statutory undertaker for the planning authority, that other local authority or statutory undertaker;

(d) in the case of a decision under section 128(3)(a) or (b) on an appeal against an enforcement notice issued by a planning authority, the authority that issued the notice;

(e) in the case of an order under section 107, the planning authority in whose area the building to which the order relates is situated;

(f) in the case of an order under section 115, any planning authority that is or was a party to the listed building partnership agreement to which the order relates;

(g) in the case of an order made under section 181 in connection with a decision or order mentioned in paragraphs (a) to (f), the authority directly concerned with that decision or order.

Appeal to High Court against decision relating to enforcement notice

184

(1) Rules of court must provide‍ either—

(a) that an interested person may appeal to the High Court on a point of law against a relevant decision made by the Welsh Ministers, or

(b) that where the Welsh Ministers make a relevant decision an interested person may require them to state and sign a case for the opinion of the High Court.

(2) For the purposes of this section—

(a) a relevant decision is any decision (including a direction or order) made in proceedings on an appeal under section 127 against an enforcement notice, other than a decision under section 128(3)(a) or (b) to grant consent or remove a condition of consent;

(b) the following are interested persons—

(i) the person who made the appeal,

(ii) the planning authority in whose area the building to which the enforcement notice relates is situated, and

(iii) any other person who has an interest in the building.

(3) At any stage of the proceedings on an appeal under section 127, the Welsh Ministers may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court.

(4) A decision of the High Court on a case stated under subsection (3) is to be treated as a judgment of the court for the purposes of section 16 of the Senior Courts Act 1981 (c. 54) (jurisdiction of Court of Appeal to hear and determine appeals from judgments or orders of High Court).

(5) Where proceedings are brought by virtue of this section, the High Court or the Court of Appeal (as the case may be) may order that the enforcement notice is to have effect, either in full or to the extent specified in the order, pending the final determination of the proceedings and any re-hearing and determination of the appeal by the Welsh Ministers.

(6) An order under subsection (5) may be made on whatever terms the court considers appropriate, which may include terms requiring the planning authority to give an undertaking as to damages or any other matter.

(7) Rules of court may make provision—

(a) for the Welsh Ministers to be a party to proceedings in the High Court or the Court of Appeal brought by virtue of this section, either generally or in circumstances specified in the rules;

(b) about the powers of the High Court or the Court of Appeal to remit the matter to the Welsh Ministers for re-hearing and determination in accordance with the opinion or direction of the court.

(8) Proceedings in the High Court under this section may only be brought with the permission of the High Court.

(9) An appeal to the Court of Appeal by virtue of this section may only be brought with the permission of the High Court or the Court of Appeal.

Correction of decisions of Welsh Ministers

Meaning of “decision document” and “correctable error”

185

(1) This section applies for the purposes of sections 186 and 187.

(2) “Decision document” means a document which records—

(a) a decision to which section 182 applies (see subsection (2) of that section),

(b) a decision on an appeal under section 127 (appeal against enforcement notice), or

(c) any other decision made under or by virtue of Part 3, Part 4 or this Part that is of a description specified in regulations made by the Welsh Ministers.

(3) “Correctable error” means an error which—

(a) is contained in any part of the decision document which records the decision, but

(b) is not part of any reasons given for the decision,

and “error” includes omission.

Power to correct correctable errors in decision documents

186

(1) This section applies where a decision document is issued which contains a correctable error.

(2) If, before the end of the review period, the Welsh Ministers—

(a) receive a request in writing to correct the error from any person, or

(b) send a statement in writing to the applicant which explains the error and states that they are considering correcting it,

the Welsh Ministers must decide whether or not to correct the error.

(3) But the Welsh Ministers may not make a correction unless they have informed the planning authority that they have received the request mentioned in subsection (2)(a) or sent the statement mentioned in subsection (2)(b).

(4) The review period is—

(a) where the decision document records a decision to which section 182 applies, the period within which an application for permission to apply for statutory review under section 183 may be made to the High Court;

(b) where the decision document records a decision on an appeal under section 127 to which section 182 does not apply, the period within which an application for permission to bring proceedings under section 184 may be made to the High Court, not including any time by which the High Court may extend that period,

and it does not matter whether any such application is actually made.

(5) As soon as practicable after the Welsh Ministers correct the error or decide not to correct it, they must issue a correction notice.

(6) A correction notice is a notice which—

(a) specifies the correction of the error, or

(b) gives notice of a decision not to correct it.

(7) The Welsh Ministers must serve the correction notice on—

(a) the applicant;

(b) if the applicant is not the owner of the building or other land to which the original decision relates, every owner of the building or land;

(d) if the correction was requested by any other person, that person;

(e) any other person who is specified, or is of a description specified, in regulations made by the Welsh Ministers.

(8) Where the decision document was issued by a person appointed under section 173, the functions of the Welsh Ministers under this section may also be exercised by that person or by any other person appointed under that section to determine appeals instead of the Welsh Ministers.

(9) In this section—

“the applicant” (“y ceisydd”) means the person who made the application or appeal, or served the purchase notice, to which the original decision relates;

“owner” (“perchennog”), in relation to a building or other land, means—an owner of the freehold estate in the building or land, ora tenant under a lease of the building or land granted or extended for a fixed term that has at least 7 years left to run;

“the planning authority” (“yr awdurdod cynllunio”) means the planning authority in whose area the building or other land to which the original decision relates is situated.

Effect and validity of correction notice

187

(1) If a correction is made under section 186—

(a) the original decision is to be treated as not having been made;

(b) the decision is to be treated for all purposes as having been made on the day the correction notice is issued.

(2) If a correction is not made—

(a) the original decision continues to have effect;

(b) section 186 and this section do not affect anything done in pursuance of or in relation to the decision.

(3) Where a correction notice is issued in relation to a decision to which section 182 applies, section 183 applies to the correction notice as if it were a decision to which section 182 applies.

(4) Where a correction notice is issued in relation to a decision to which section 184 applies, section 184 applies to the correction notice as if it were a decision to which that section applies.

(5) Where regulations under section 185(2)(c) specify a description of decision, the Welsh Ministers must by regulations make provision which corresponds to section 183 or 184 for questioning the validity of a correction notice issued in relation to a decision of that description.

(6) The validity of a correction notice may not be questioned in any legal proceedings except to the extent provided by virtue of this section.

CHAPTER 4 — GENERAL

The Crown

Representation of Crown and Duchy interests in land

188

(1) This section applies to anything that is required or authorised to be done for the purposes of Part 3, Part 4 or this Part by or in relation to an owner of an interest in land (including an interest only as an occupier of the land).

(2) To the extent that the interest is a Crown interest or a Duchy interest, the thing must be done by or in relation to the appropriate Crown authority.

Service of documents on the Crown

189

(1) This section applies where a notice or other document is required or authorised under or by virtue of Part 3, Part 4 or this Part to be served on the Crown.

(2) The document must be served on the appropriate Crown authority.

(3) Sections 205 and 206 (general provisions about methods of service) do not apply to the service of the document.

Meaning of “local authority” in this Part

190

(1) A planning authority must not take a relevant enforcement step in relation to Crown land without the agreement of the appropriate Crown authority.

(2) The appropriate Crown authority may give agreement subject to conditions.

(3) In this section “relevant enforcement step” means anything done in connection with the enforcement of a requirement or prohibition imposed by or under Part 3, Part 4 or this Part.

(4) It includes—

(a) entering land, and

(b) bringing proceedings or making an application.

(5) But it does not include—

(a) issuing or serving a notice (for example an enforcement notice or temporary stop notice), or

(b) making an order (for example an order under section 107 or 115).

Interpretation

Meaning of “local authority” in this Part

191

In this Part “local authority” has the meaning given by section 157.

PART 6 — OTHER HERITAGE ASSETS AND RECORDS

Historic parks and gardens

Duty to maintain and publish register of historic parks and gardens

192

(1) The Welsh Ministers must maintain a register of parks and gardens in Wales they consider to be of special historic interest, and must publish the up-to-date register.

(2) The Welsh Ministers must decide whether, or to what extent,‍ to include as part of the registration of a park or garden—

(a) any building or water on, adjoining or adjacent to it, or

(b) any land adjoining or adjacent to it.

(3) The Welsh Ministers may amend the register by—

(a) adding an entry,

(b) removing an entry, or

(4) As soon as possible after amending the register, the Welsh Ministers must—

(a) serve notice that they have done so on the persons mentioned in subsection (5), and

(b) in the case of any amendment under subsection (3)(a) or (c), include with the notice a copy of the entry or amended entry in the register.

(5) The persons referred to in subsection (4) are—

(a) every owner and occupier of the park or garden in question (including, if different, the owners and occupiers of anything appearing in the register by virtue of subsection (2));

(b) the planning authority in whose area the park or garden is situated (including, if different, the planning authority in whose area anything appearing in the register by virtue of subsection (2) is situated).

(6) In this section references to parks and gardens include—

(a) places of recreation, and

(b) any other designed grounds (including designed ornamental landscapes).

Historic place names

Duty to maintain and publish list of historic place names

193

The Welsh Ministers must maintain a list of historic place names in Wales, and must publish the up-to-date list.

Historic environment records

Duty to maintain historic environment records

194

(1) The Welsh Ministers must maintain a historic environment record for every local authority area.

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

(a) details of every scheduled monument in the authority’s area,

(b) details of every listed building in the authority’s area,

(d) details of every park or garden in the authority’s area which is included in the register of historic parks and gardens maintained under section 192,

(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 in the authority’s area which the authority considers 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 maintained under section 193.

(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 conflict involving military forces occurred.

(4) In subsection (2)(g) “world heritage site” means anything appearing on the World Heritage List kept under Article 11(2) of the UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage adopted at Paris on 16 November 1972.

(5) In subsection (2)(j) “relevant investigation” means—

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

(b) any other investigation for that purpose which the Welsh Ministers consider appropriate to include in the record.

(6) The Welsh Ministers may by regulations amend this section to vary the meaning of “historic environment record”.

(7) Before making regulations under subsection (6), the Welsh Ministers must consult—

(a) every local authority, and

(b) any other persons the Welsh Ministers consider appropriate.

(8) For the purposes of this section—

(a) any reference to a local authority’s area includes, in the case of an authority whose area includes part of the seashore, any part of the sea that lies seaward from that part of the shore and forms part of Wales, and

(b) an area, site or thing is to be treated as being in a local authority’s area if any part of it is in the area.

(9) In this section and section 196, “local authority” means a county council or county borough council in Wales.

Access to historic environment records

195

(1) The Welsh Ministers must—

(a) make every historic environment record available for public inspection, and

(b) make available to a person wishing to inspect a historic environment record advice on or assistance with retrieving and understanding information provided in the record or accessed by means of the record.

(2) If—

(a) a person requests a copy of part of a historic environment record or of details accessed by means of such a record, and

(b) the Welsh Ministers consider that the request is reasonable,

the Welsh Ministers must provide the person with that copy or those details.

(3) If—

(a) a person requests the retrieval of information provided in a historic environment record or accessed by means of such a record, and

(b) the Welsh Ministers consider that the request is reasonable,

the Welsh Ministers must compile a document for the person containing the information.

(4) In assessing whether a request is reasonable for the purposes of subsection (2) or (3), the matters which the Welsh Ministers may take into account include any previous requests made by or on behalf of the person concerned.

(5) The Welsh Ministers may charge a fee for—

(a) providing advice or assistance under subsection (1)(b);

(b) providing a copy or details under subsection (2);

(6) A fee must be calculated by reference to the cost of providing the service to which the fee relates.

Guidance to certain public bodies about historic environment records

196

(1) The Welsh Ministers must issue guidance to the bodies listed in subsection (2) on—

(a) how the bodies may contribute to the compilation of historic environment records and assist in maintaining the records, and

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

(2) The bodies are—

(a) local authorities,

(b) National Park authorities in Wales, and

(3) Those bodies must have regard to the guidance.

(4) Before issuing guidance under this section, the Welsh Ministers must consult—

(a) the bodies, and

(b) any other persons they consider appropriate.

(5) The Welsh Ministers must lay before Senedd Cymru any guidance issued under this section.

PART 7 — GENERAL

Powers to require information about interests in land

Power to require information by notice

197

(1) A relevant authority may serve a notice (an “information notice”) requiring the occupier of any land or a person who receives rent (either directly or indirectly) in respect of any land to confirm in writing—

(a) the nature of the person’s interest in the land, and

(b) the name and address of any other person known to the person as having an interest in the land.

(2) But a relevant authority may not serve an information notice unless the information required by the notice is needed by the authority to enable it to—

(a) exercise any of the authority’s functions under or by virtue of Part 2, or

(b) make an order or issue or serve a notice or other document‍ under or by virtue of Part 3, 4 or 5.

(3) An information notice may require the information to be given within—

(a) 21 days beginning with the day after the day the notice is served, or

(b) any longer period specified by the notice or allowed by the relevant authority.

(4) In this section “relevant authority” means—

(a) the Welsh Ministers;

(b) a local authority (within the meaning given by section 157).

Offences in connection with section 197

198

(1) A person required to provide information by a notice under section 197 commits an offence if the person fails, without reasonable excuse, to provide the information.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person required to provide information by a notice under section 197 commits an offence if the person, in purported compliance with the notice, knowingly provides information which is false or misleading in a material respect.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

Information about interests in Crown land

199

(1) This section applies to an interest in Crown land which is not a private interest.

(2) Section 197 does not apply to an interest to which this section applies.

(3) But the Welsh Ministers may, for the purpose of enabling a relevant authority to exercise a function mentioned in section 197(2)(a) or (b), request the appropriate Crown authority to confirm in writing—

(a) the nature of the authority’s interest in the land;

(b) the name and address of any other person known to the authority as having an interest in the land.

(4) The appropriate Crown authority must comply with a request under subsection (3) except to the extent—

(a) that the information requested is not within the knowledge of the authority, or

(b) that to do so will disclose information about—

(i) national security, or

(ii) the measures taken or to be taken to ensure the security of any land or other property.

Offences

Offences by bodies corporate

200

(1) This section applies where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a senior officer of the body, or

(b) a person who was purporting to be a senior officer of the body.

(2) The senior officer or person (as well as the body corporate) is guilty of the offence, and is liable to be proceeded against and punished accordingly.

(3) In this section “senior officer” means a director, manager, secretary or other similar officer of the body corporate.

(4) But in the case of a body corporate whose affairs are managed by its members, “director” means a member of the body.

Civil sanctions

201

(1) The Welsh Ministers may by regulations make any provision in relation to an offence under this Act that they could make under Part 3 of RESA 2008 (civil sanctions) if, for the purposes of that Part—

(a) the Welsh Ministers or any other authority which has an enforcement function in relation to the offence were a regulator, and

(b) the offence were a relevant offence in relation to that regulator.

(2) Sections 59(3) and 60(1) and (2) of RESA 2008 (consultation) apply to regulations under subsection (1) as they apply to an order under Part 3 of RESA 2008.

(3) Sections 63 to 70 of RESA 2008 (guidance, exercise of powers, payment into Welsh Consolidated Fund and disclosure of information) apply in relation to provision made under subsection (1) as they apply in relation to provision made under Part 3 of RESA 2008.

(4) In subsection (1) the reference to an authority which has an enforcement function is to be interpreted in accordance with section 71 of RESA 2008.

(5) In this section “RESA 2008” means the Regulatory Enforcement and Sanctions Act 2008 (c. 13).

Compensation

Making claims for compensation

202

(1) The Welsh Ministers may by regulations—

(a) make provision about how a claim for compensation under this Act must be made;

(b) amend any provision of this Act which specifies the period within which a claim for compensation must be made.

(2) The Welsh Ministers may extend the period for making a claim for compensation under this Act in a particular case, if they are satisfied that there are good reasons for doing so.

(3) The period for making a claim may be extended—

(a) at any time, whether before or after the period ends, and

(b) more than once.

Determination of compensation claims by Upper Tribunal

203

(1) Any dispute about compensation under this Act is to be referred to and determined by the Upper Tribunal.

(2) Section 4 of the Land Compensation Act 1961 (c. 33) (costs) applies to the determination of a question referred under this section as it applies to the determination of a question referred under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.

Compensation for depreciation of value of land

204

(1) The rules in section 5 of the Land Compensation Act 1961 (c. 33) have effect for the purpose of assessing any compensation for depreciation payable under this Act, so far as relevant and with any necessary modifications, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(2) Where an interest in land is subject to a mortgage—

(a) any compensation for depreciation that is payable under this Act in respect of the interest must be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation for depreciation may be made by any mortgagee of the interest, but that does not affect the right of the person whose interest is subject to the mortgage to make a claim;

(c) no compensation for depreciation is payable in respect of the interest of the mortgagee (as distinct from the interest that is subject to the mortgage);

(d) any compensation for depreciation that is payable in respect of the interest subject to the mortgage must be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee; and it must be applied by the mortgagee to whom it is paid as if it were proceeds of sale.

(3) In this section “compensation for depreciation” means compensation for loss or damage consisting of depreciation of the value of an interest in land.

Service of documents

Service of notices and other documents: general

205

(1) This section applies where a provision contained in or made under this Act requires or authorises a notice or other document to be served on a person (whether the provision uses the word “serve” or “give” or any other term).

(2) The document may be served on the person in any of the following ways—

(a) by handing it to the person or, in the case of a person who is a body corporate, handing it to the secretary or clerk of the body at its registered or principal office;

(b) by leaving it at the person’s usual or last known place of residence or, if the person has given an address for service, at that address;

(i) addressed to the person at the person’s usual or last known place of residence or, in the case of a person who is a body corporate, addressed to the secretary or clerk of the body at its registered or principal office, or

(ii) if the person has given an address for service, addressed to the person at that address;

(d) if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication which complies with the conditions in subsection (3).

(3) The conditions are that the document is—

(a) capable of being accessed by the person to whom it is sent,

(b) legible in all material respects, and

(4) Where an electronic communication is used to serve a document on a person and is received by the person outside the person’s business hours, the document is to be treated as having been served on the next working day.

(5) See section 233 of the Local Government Act 1972 (c. 70) for additional provision about the methods by which local authorities may serve documents.

Additional provision about service on persons interested in or occupying land

206

(1) This section applies (in addition to section 205) where a provision contained in or made under this Act requires or authorises a notice or other document to be served on a person—

(a) as having an interest in a building, monument or land, or

(b) as an occupier of a building, monument or land.

(2) Where the document is to be served on a person as having an interest in a building, monument or land, and the name of the person cannot be discovered after making reasonable inquiries, the document may be addressed to the person as “the owner” of the building, monument or land (which must be described).

(3) Where the document is to be served on a person as an occupier of a building, monument or land, it may be addressed to the person by name or as “the occupier” of the building, monument or land (which must be described).

(4) Subsection (5) applies—

(a) where—

(i) a document is to be served on a person as having an interest in a building, monument or land,

(ii) the person’s usual or last known place of residence cannot be discovered after making reasonable inquiries, and

(iii) the person has not given an address for the service of the document, or

(b) where a document is to be served on a person as an occupier of a building, monument or land.

(5) The document is to be treated as properly served if it is addressed to the person, clearly marked as an important communication affecting the person’s property, and is—

(a) sent to the building, monument or land by post and not returned as undelivered,

(b) handed to a person who is, or appears to be, resident or employed in or on the building, monument or land, or

Special cases

Definitions relating to the Crown

207

(1) This section applies for the purposes of this Act.

(2) “Crown land” means land in which there is a Crown interest or a Duchy interest.

(3) “Crown interest” means an interest which—

(a) belongs to His Majesty in right of the Crown or in right of His private estates, or

(b) belongs to a government department or is held in trust for His Majesty for the purposes of a government department.

(4) “Duchy interest” means—

(a) an interest belonging to His Majesty in right of the Duchy of Lancaster, or

(b) an interest belonging to the Duchy of Cornwall.

(5) “Private interest”, in relation to Crown land, means an interest which is neither a Crown interest nor a Duchy interest.

(6) “Appropriate Crown authority”, in relation to Crown land, means—

(a) in the case of land belonging to His Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to any other land belonging to His Majesty in right of the Crown, the government department having the management of the land;

(c) in relation to land belonging to His Majesty in right of His private estates, a person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Welsh Ministers;

(d) in relation to land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(e) in relation to land belonging to the Duchy of Cornwall, a person appointed by the Duke of Cornwall or by the possessor for the time being of the Duchy;

(f) in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the department.

(7) “The Crown” is to be treated as including the Senedd Commission.

(8) Any question that arises about who is the appropriate Crown authority in relation to any land must be referred to the Treasury, whose decision is final.

(9) In this section—

(a) references to His Majesty’s private estates are to be read in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37);

(b) references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).

Church of England land

208

(1) Where any provision contained in or made under this Act requires or authorises a notice or other document to be served on an owner of land, and the land is Church of England land, a corresponding document must also be served on the appropriate Board of Finance.

(2) Church of England land belonging to an ecclesiastical benefice which is vacant is to be treated for the purposes of this Act as belonging to the appropriate Board of Finance.

(3) Any compensation payable under this Act in relation to Church of England land must be—

(a) paid to the appropriate Board of Finance, and

(b) applied by that Board for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Church Measure authorising or disposing of the proceeds of such a sale.

(4) Where an amount is recoverable under section 22 in relation to Church of England land, the appropriate Board of Finance may apply any money or securities held by it towards repaying that amount.

(5) In this section—

“appropriate Board of Finance” (“Bwrdd Cyllid priodol”), in relation to any land, means the Diocesan Board of Finance for the diocese in which the land is situated;

“Church Measure” (“Mesur gan Eglwys Loegr”) means a Measure of the Church Assembly or of the General Synod of the Church of England;

“Church of England land” (“tir Eglwys Loegr”) means land which— belongs to an ecclesiastical benefice of the Church of England, is or forms part of a church subject to the jurisdiction of a bishop of a diocese of the Church of England or the site of such a church, or is or forms part of a burial ground subject to the jurisdiction of such a bishop.

General

Regulations under this Act

209

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) A power to make regulations under this Act includes power—

(a) to make different provision for different purposes;

(b) to make incidental, supplementary, consequential, transitory, transitional or saving provision.

(3) In the case of regulations made under the powers mentioned in subsection (4), the provision that may be made by virtue of subsection (2)(b) includes provision that amends, repeals or revokes any enactment, including any provision of this Act.

(4) The powers referred to in subsection (3) are the powers conferred by—

(a) section 167 (fees for exercise of planning authority functions);

(b) section 172 (fees for appeals relating to listed buildings and buildings in conservation areas);

(d) sections 185(2)(c), 186(7)(e) and 187(5) (correction of decisions).

(5) A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru—

(a) regulations under section 2(3) (religious buildings that are to be treated as monuments);

(b) regulations under section 26(8) (application of provisions to scheduled monument partnership agreements);

(d) regulations under section 147 (steps for preservation of listed buildings in disrepair);

(e) regulations under section 167 (fees for exercise of planning authority functions);

(f) regulations under section 172 (fees for appeals relating to listed buildings and buildings in conservation areas);

(g) regulations under section 201 (civil sanctions);

(h) regulations that amend or repeal any enactment contained in primary legislation (including any provision of this Act).

(6) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(7) In subsection (5)(h) “primary legislation” means—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

Interpretation

210

In this Act—

“address” (“cyfeiriad”), in relation to electronic communications, means any number or address used for the purpose of electronic communications;

“appropriate Crown authority” (“awdurdod priodol y Goron”) has the meaning given by section 207(6);

“building” (“adeilad”) (except in Part 2) means— any building or structure, or any part of a building or structure, but does not (except in section 148) include plant or machinery forming part of a building or structure;

“conservation area” (“ardal gadwraeth”) means an area designated under section 158;

“conservation area consent (“cydsyniad ardal gadwraeth”) has the meaning given by section 162;

“the Crown” (“y Goron”) is to be interpreted in accordance with section 207(7);

“Crown interest” (“buddiant y Goron”) has the meaning given by section 207(3);

“Crown land” (“tir y Goron”) has the meaning given by section 207(2);

“development” (“datblygiad”) has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8);

“disposal” (“gwaredu”), in relation to land, means disposal by sale, exchange or lease, by creating an easement, right or privilege, or in any other way, but does not include disposal by appropriation, gift or mortgage;

“Duchy interest” (“buddiant y Ddugiaeth”) has the meaning given by section 207(4);

“electronic communication” (“cyfathrebiad electronig”) has the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7);

“enactment (“deddfiad”) means any enactment, whenever enacted or made;

“functions” (“swyddogaethau”) includes powers and duties;

“land” (“tir”)— means any corporeal hereditament, including a building or monument, and in relation to the acquisition of land, includes any interest in or right over land;

“lease” (“les”) includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or a mortgage;

“listed building” (“adeilad rhestredig”) has the meaning given by section 76;

“listed building consent” (“cydsyniad adeilad rhestredig”) has the meaning given by section 89;

“listed building partnership agreement” (“cytundeb partneriaeth adeilad rhestredig”) has the meaning given by section 113(5);

“monument” (“heneb”) is to be interpreted in accordance with section 2;

“owner” (“perchennog”), in relation to land (except in sections 15, 25, 26, 91, 113 and 186), means a person who, whether in their own right or as trustee for any other person— is entitled to receive the rack rent of the land, or would be so entitled if the land were let at a rack rent, but does not include a mortgagee who is not in possession;

“planning authority” (“awdurdod cynllunio”) means a local planning authority, within the meaning given by Part 1 of the Town and Country Planning Act 1990 (c. 8), for an area in Wales;

“planning permission” (“caniatâd cynllunio”) has the meaning given by section 336(1) of the Town and Country Planning Act 1990 (c. 8);

“private interest” (“buddiant preifat”), in relation to Crown land, has the meaning given by section 207(5);

“scheduled monument” (“heneb gofrestredig”) has the meaning given by section 3(7);

“site” (“safle”), in relation to a monument, is to be interpreted in accordance with section 2;

“statutory undertaker” (“ymgymerwr statudol”) means a person who— is a statutory undertaker within the meaning given by section 262 of the Town and Country Planning Act 1990 (c. 8), or is deemed by that section to be a statutory undertaker for the purposes of any provision of that Act, and references to the “undertaking” of a statutory undertaker are to be interpreted in accordance with that section.

Consequential and transitional provision etc.

211

(1) Schedule 13 contains minor and consequential amendments and repeals.

(2) Schedule 14 contains transitional and saving provisions.

(3) The Welsh Ministers may by regulations—

(a) make provision that is incidental or supplementary to, or consequential on, any provision of this Act;

(b) make transitional, transitory or saving provision in connection with any provision of this Act.

(4) Regulations under subsection (3) may amend, repeal or revoke any enactment (including any provision of this Act).

Coming into force

212

(1) The following provisions come into force on the day after the day this Act receives Royal Assent—

(a) Part 1;

(b) section 209;

(d) section 211(3) and (4);

(e) this section;

(f) section 213.

(2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(3) An order under subsection (2) may make transitional, transitory or saving provision in connection with the coming into force of a provision of this Act.

Short title

213

The short title of this Act is the Historic Environment (Wales) Act 2023.

SCHEDULE 1

Application of this Schedule

1

This Schedule applies where interim protection ends in relation to a monument because of a notice under section 7(1)(b) or (2)(b).

Injunctions

2

The fact that interim protection has ended does not affect the liability of any person to be prosecuted and punished for an offence under‍ this Act committed while the interim protection had effect.

3

Any proceedings on or arising out of an application for scheduled monument consent relating to the monument lapse, in so far as they relate to consent required by virtue of the interim protection; and any such consent ceases to have effect to the same extent.

Application of this Schedule and meaning of “appointed person”

4

Any temporary stop notice relating to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.

Enforcement notices

5

(1) Any enforcement notice relating to the monument ceases to have effect, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.

(2) Any proceedings under section 39 or 40(3) relating to an enforcement notice lapse, in so far as the notice relates to works affecting anything in respect of which the interim protection had effect.

(3) Despite sub-paragraph (1), section 40(1) and (2) continue to have effect in relation to—

(a) any expenses incurred by a person authorised by the Welsh Ministers as mentioned in that section, and

(b) any amounts paid on account of those expenses.

Injunctions

6

Any proceedings on an application for an injunction under section 42 relating to the monument lapse, in so far as they relate to the restraint of any actual or expected breach in relation to anything in respect of which the interim protection had effect.

SCHEDULE 2

Application of this Schedule and meaning of “appointed person”

1

(1) This Schedule applies to a review carried out by an appointed person—

(a) under section 9 (reviews of certain amendments to the schedule), or

(b) under section 81 (reviews of decisions to list buildings).

(2) In this Schedule “appointed person” means a person appointed under section 9(3) or 81(3) (as the case may be) to carry out and make a decision on a review.

Appointment of another person to make a decision on a review

2

(1) At any time before an appointed person has made a decision on a review the Welsh Ministers may—

(a) revoke the person’s appointment, and

(b) appoint another person to make the decision instead.

(2) Where a new appointment is made, the review, and any inquiry or other hearing in connection with the review, must start afresh.

(3) Sub-paragraph (2) does not require any person to be given an opportunity to make fresh representations or to modify or withdraw any representations already made.

Appointment of assessor to assist appointed person

3

An appointed person may appoint an assessor to provide advice on—

(a) any matters arising at a local inquiry or hearing held by the appointed person in connection with a review or in consequence of such an inquiry or hearing, or

(b) any matters arising in written representations made to the appointed person in connection with such a review or in consequence of such representations.

Directions

4

The Welsh Ministers may direct that anything that would fall to be done by an appointed person in connection with a review, other than making a decision on the review, is to be done instead by the Welsh Ministers.

Delegation

5

(1) An appointed person may delegate to another person anything that would fall to be done by the appointed person in connection with a review, other than—

(a) the conduct of a local inquiry or hearing, and

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