Historic Environment (Wales) Act 2023

(introduced by sections 10(5) and 82(6))

SCHEDULE 2 E+W DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS

Application of this Schedule and meaning of “appointed person” E+W

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.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 212(2)

I2 Sch. 2 para. 1 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)

Appointment of another person to make a decision on a review E+W

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.

Commencement Information

I3 Sch. 2 para. 2 not in force at Royal Assent, see s. 212(2)

I4 Sch. 2 para. 2 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)

Appointment of assessor to assist appointed person E+W

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.

Commencement Information

I5 Sch. 2 para. 3 not in force at Royal Assent, see s. 212(2)

I6 Sch. 2 para. 3 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)

Directions E+W

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.

Commencement Information

I7 Sch. 2 para. 4 not in force at Royal Assent, see s. 212(2)

I8 Sch. 2 para. 4 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)

Delegation E+W

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

(b) the making of a decision on the review under section 9(3)(b) or 81(3)(b).

(2) The appointed person may determine the extent and terms of a delegation under sub-paragraph (1) and may amend or revoke the delegation.

Commencement Information

I9 Sch. 2 para. 5 not in force at Royal Assent, see s. 212(2)

I10 Sch. 2 para. 5 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)

Public Services Ombudsman (Wales) Act 2019 (anaw 3) E+W

6 Where an appointed person is a member of the staff of the Welsh Government, the person’s functions of making a decision on a review and doing anything in connection with it are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2019 (anaw 3) as functions of the Welsh Government.

Commencement Information

I11 Sch. 2 para. 6 not in force at Royal Assent, see s. 212(2)

I12 Sch. 2 para. 6 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)