Historic Environment (Wales) Act 2023

(introduced by section 20(3))

SCHEDULE 4 PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT

PART 1 NOTICE OF PROPOSED MODIFICATION OR REVOCATION

Requirement to serve a notice of proposed modification or revocation

1 (1) Before making an order under section 20 modifying or revoking a scheduled monument consent the Welsh Ministers must serve a notice of the proposed modification or proposed revocation on—

(a) every owner and occupier of the monument, and

(b) any other person the Welsh Ministers consider would be affected by the proposal.

(2) A notice under this paragraph must—

(a) include a copy of the order the Welsh Ministers propose to make,

(b) set out the reasons for the proposed modification or proposed revocation,

(c) state that the person served with the notice has 28 days, beginning with the day after the day of service of the notice, to make an objection about the proposal to the Welsh Ministers, and

(d) state the way in which an objection must be made.

(3) Where a proposed modification would exclude any works from the scope of the scheduled monument consent, the notice must provide that those works must not be carried out on or after a day specified by the notice.

(4) Where a proposed modification would affect the carrying out of any of the works to which the consent relates in any other way, the notice must provide that the works must not be carried out on or after a day specified by the notice in a way specified in the notice.

(5) A notice of proposed revocation must provide that the works to which the scheduled monument consent relates must not be carried out on or after a day specified by the notice.

Effect of notice under paragraph 1 on authorisation to carry out works

2 (1) Where a notice under paragraph 1 provides that works specified in the notice must not be carried out on or after a day specified by the notice, the specified works are not authorised for the purposes of Chapter 3 of Part 2 of this Act from the beginning of that day.

(2) Where a notice under paragraph 1 provides that works specified in the notice must not be carried out on or after a day specified by the notice in a way specified in the notice, the specified works, if carried out that way, are not authorised for the purposes of Chapter 3 of Part 2 of this Act from the beginning of that day.

(3) Where a notice under paragraph 1 provides that the works to which the scheduled monument consent relates must not be carried out on or after a day specified by the notice, those works are not authorised under Chapter 3 of Part 2 of this Act from the beginning of that day.

(4) The preceding provisions of this paragraph cease to apply in relation to any works affected by a notice under paragraph 1—

(a) where the Welsh Ministers make an order under section 20 within the period of 21 months beginning with the day the notice was served (“the 21 month period”), when the order is made (at which point authorisation ceases to the extent provided in the order),

(b) where the Welsh Ministers, within the 21 month period, serve notice on every owner and occupier of the monument that they have decided not to make the order, at the beginning of the day specified for the purposes of this paragraph by the Welsh Ministers in the notice, or

(c) in any other case, at the end of the 21 month period.

PART 2 PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

Making an order under section 20

3 (1) This paragraph applies where a notice under paragraph 1 has been served under Part 1 of this Schedule.

(2) The Welsh Ministers may not make the order to which the notice relates unless—

(a) the period for making objections to the proposal has ended without an objection being made by a person on whom the notice was served,

(b) if an objection was made by such a person within that period, all such objections have been withdrawn, or

(c) if an objection was made during that period by such a person and the objection has not been withdrawn, the requirements of sub-paragraphs (3) and (4) have been met.

(3) The requirements of this sub-paragraph are met if the Welsh Ministers—

(a) cause a local inquiry to be held, or

(b) give the person who made the objection an opportunity to appear before and be heard by a person appointed by them.

(4) The requirements of this sub-paragraph are met if the Welsh Ministers—

(a) consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and

(b) if an inquiry or hearing has been held under sub-paragraph (3), consider the report of the person who held it.

(5) Where a person takes the opportunity to appear before and be heard by a person appointed by the Welsh Ministers under sub-paragraph (3)(b), the Welsh Ministers must give each of the following persons the opportunity to be heard on the same occasion—

(a) every other person on whom the notice under paragraph 1 was served, and

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

(6) Where the Welsh Ministers make an order under section 20 by virtue of sub-paragraph (2)(a) or (b), the order must be made on the terms set out by the notice.

(7) Where the Welsh Ministers make an order under section 20 by virtue of sub-paragraph (2)(c), the order may be made either on the terms set out in the notice or with‍ modifications.

Notification once order made

4 As soon as practicable after making an order under section 20 the Welsh Ministers must send a copy of the order—

(a) to every person served with a notice under paragraph 1, and

(b) where—

(i) an inquiry was held under paragraph 3(3)(a), to any other person who gave evidence at the inquiry, or

(ii) a hearing was held for the purposes of paragraph 3(3)(b), to any other person who was given the opportunity to appear at the hearing.

PART 3 SUPPLEMENTARY

Procedure after hearing or inquiry

5 (1) The person appointed to carry out a hearing or inquiry under paragraph 3 must, after the close of the hearing or inquiry, make a report in writing to the Welsh Ministers.

(2) The report must include the appointed person’s conclusions and recommendation as to whether the modification or revocation ought to be made (or the appointed person’s reasons for not making a recommendation).