Historic Environment (Wales) Act 2023

Requirement to serve notice of proposed termination E+W

1 (1) Before making an order under section 27 terminating a scheduled monument partnership agreement or a provision of such an agreement the Welsh Ministers must serve notice of a proposal to make the order (a “notice of proposed termination”) on—

(a) the other parties to the agreement, and

(b) any other person the Welsh Ministers consider to have an interest in the agreement.

(2) A notice of proposed termination must—

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

(b) set out the reasons for the proposed termination,

(c) state that the person served with the notice has 28 days, beginning with the day after the day the notice is served, 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 the effect of the order proposed to be made under section 27 would be to revoke a scheduled monument consent granted by the agreement, the notice of proposed termination must provide that the works to which the consent relates must not be carried out on or after a day specified by the notice.

(4) Where the effect of an order proposed to be made under section 27 would be to exclude any works from the scope of a scheduled monument consent granted by the agreement, the notice of proposed termination must provide that the affected works must not be carried out on or after a day specified by the notice.

Commencement Information

I1 Sch. 5 para. 1 not in force at Royal Assent, see s. 212(2)

I2 Sch. 5 para. 1 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)