Historic Environment (Wales) Act 2023

209 Regulations under this Act

(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);

(c) section 174(8) (proceedings for which Welsh Ministers must determine procedure);

(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);

(c) regulations under section 114(8) (application of provisions to listed building 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;

(c) an Act of the Parliament of the United Kingdom.