Historic Environment (Wales) Act 2023
PART 1
OVERVIEW
1
Overview
PART 2
MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 1
KEY TERMS
2
Meaning of “monument” and “site of monument”
CHAPTER 2
SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE
Schedule of monuments
3
Duty to maintain and publish schedule of monuments
4
Notification of owner etc. where the schedule is amended
Proposals to add or remove monument to or from the schedule: consultation and interim protection
5
Consultation before adding or removing monument to or from the schedule
6
Interim protection pending decision on certain amendments relating to the schedule
7
When interim protection ends
8
Compensation for loss or damage caused by interim protection
Review of decisions to amend schedule to add monuments etc.
9
Review of decision to add monument to the schedule etc.
10
Supplementary provision about reviews
CHAPTER 3
CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS
Authorisation of works
11
Requirement for works to be authorised
12
Authorisation of classes of works
13
Authorisation of works by scheduled monument consent
Applications for scheduled monument consent
14
Applying for scheduled monument consent
15
Declarations of ownership in respect of monument
16
Power to refuse to consider similar applications
Determining applications for scheduled monument consent
17
Procedure for determining applications and effect of grant of consent
Grant of scheduled monument consent subject to conditions
18
Power to grant consent subject to conditions
19
Condition about period within which works must start
Modification and revocation of scheduled monument consent
20
Modification and revocation of consent
Compensation
21
Compensation for refusal of scheduled monument consent or grant of consent subject to conditions
22
Recovery of compensation paid under section 21 on subsequent grant of consent
23
Determination of amount recoverable under section 22
24
Compensation where works affecting a scheduled monument cease to be authorised
CHAPTER 4
SCHEDULED MONUMENT PARTNERSHIP AGREEMENTS
25
Scheduled monument partnership agreements
26
Further provision about scheduled monument partnership agreements
27
Termination of agreement or provision of agreement
28
Compensation in relation to termination
29
Interpretation
CHAPTER 5
ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS
Offences relating to unauthorised works
30
Offence of carrying out unauthorised works or breaching condition of consent
Temporary stop notices
31
Power of Welsh Ministers to issue temporary stop notice
32
Duration etc. of temporary stop notice
33
Offence of breaching temporary stop notice
34
Compensation for loss or damage caused by temporary stop notice
Enforcement notices
35
Power of Welsh Ministers to issue enforcement notice
36
Service and taking effect of enforcement notice
37
Variation and withdrawal of enforcement notice
38
Effect of granting scheduled monument consent on enforcement notice
39
Appeal against enforcement notice
40
Powers to enter land and take steps required by enforcement notice
41
Offence of failing to comply with enforcement notice
Injunctions
42
Injunction to restrain unauthorised works or failure to comply with condition of consent
CHAPTER 6
ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS
Acquisition of monuments of special historic interest
43
Compulsory acquisition of monuments of special historic interest
44
Acquisition by agreement or gift of monuments of special historic interest
Guardianship of monuments of special historic interest
45
Power to place monument of special historic interest under guardianship
46
Supplementary provision about guardianship deeds
47
General functions of guardians
48
Termination of guardianship
Acquisition and guardianship of land in the vicinity of a monument of special historic interest etc.
49
Acquisition and guardianship of land in the vicinity of a monument
50
Acquisition of easements and other similar rights over land in the vicinity of a monument
Agreements with occupiers of monuments or adjoining etc. land
51
Agreements concerning management of monuments of special historic interest and land in their vicinity
Powers of limited owners
52
Powers of limited owners for purposes of sections 45, 50 and 51
Transfer of ownership or guardianship and disposal of land
53
Transfer of monuments of special historic interest between local authorities and the Welsh Ministers
54
Disposal of land acquired under this Chapter
Public access to monuments under public control
55
Public access to monuments under public control
56
Power to make regulations and byelaws in connection with public access to monuments under public control
57
Provision of facilities for the public in connection with monuments of special historic interest
CHAPTER 7
GENERAL
Damage to monuments
58
Offence of damaging certain monuments of special historic interest
59
Compensation orders for damage to monuments under guardianship
60
Restrictions on use of metal detectors
Urgent works for preservation of scheduled monument
61
Works for preservation of scheduled monument in cases of urgency
Expenditure and advice in relation to monuments
62
Expenditure on acquisition and preservation of monuments of special historic interest etc.
63
Advice and supervision of work by Welsh Ministers
64
Expenditure by local authorities on archaeological investigation
Powers of entry
65
Powers of entry for inspection of scheduled monuments etc.
66
Powers of entry relating to enforcement of controls on works
67
Power of entry on land believed to contain monument of special historic interest
68
Power of entry for survey and valuation in connection with claim for compensation
69
Supplementary provision about powers of entry under this Part
70
Compensation for damage caused by exercise of certain powers under this Part
71
Treatment and preservation of finds
Supplementary
72
Validity of certain decisions and orders under this Part
73
Application to High Court for statutory review of decision or order
74
Crown land
75
Interpretation of this Part
PART 3
BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 1
LISTING BUILDINGS OF SPECIAL INTEREST
List of buildings
76
Duty to maintain and publish list of buildings
77
Notification of listing or de-listing of building
Proposals to list and de-list buildings: consultation and interim protection
78
Consultation before listing or de-listing building
79
Interim protection pending decision whether to list building
80
Compensation for loss or damage caused by interim protection
Review of listing decisions
81
Review of decision to list building
82
Supplementary provision about reviews
Temporary listing
83
Service of temporary listing notice
84
Temporary listing in urgent cases
85
End of temporary listing
86
Compensation for loss or damage caused by temporary listing
Buildings not intended to be listed
87
Certificate that Welsh Ministers do not intend to list building
CHAPTER 2
CONTROL OF WORKS AFFECTING LISTED BUILDINGS
Authorisation of works
88
Requirement for works to be authorised
89
Authorisation of works by listed building consent
Applications for listed building consent
90
Applying for listed building consent
91
Notice of application to owners of building
Dealing with applications for consent
92
Procedure for dealing with application
93
Power to refuse to consider similar applications
94
Reference of application to Welsh Ministers
95
Notification to Welsh Ministers before granting consent
96
Grant or refusal of consent
Grant of listed building consent subject to conditions
97
Power to grant consent subject to conditions
98
Condition about period within which works must start
99
Application for variation or removal of conditions
Appeals to the Welsh Ministers
100
Right to appeal against planning authority decision or failure to make decision
101
Procedure for making appeal
102
Restriction on varying application after service of notice of appeal
103
Decision on application after service of notice of appeal
104
Determination of appeal
Special cases
105
Applications by planning authorities and the Crown
106
Applications relating to urgent works on Crown land
Modification and revocation of listed building consent
107
Modification and revocation of consent
108
Compensation where consent is modified or revoked
Right of owner of listed building to require purchase of interest
109
Purchase notice where consent is refused, granted subject to conditions, modified or revoked
110
Purchase notice in respect of Crown land
111
Further provision about service of purchase notice
112
Action following service of purchase notice
CHAPTER 3
LISTED BUILDING PARTNERSHIP AGREEMENTS
113
Listed building partnership agreements
114
Further provision about listed building partnership agreements
115
Termination of agreement or provision of agreement
116
Compensation where agreement or provision is terminated
CHAPTER 4
ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS
Unauthorised works and intentional damage: offences
117
Offence of carrying out unauthorised works or breaching condition of consent
118
Offence of intentionally damaging listed building
Temporary stop notices
119
Power of planning authority to issue temporary stop notice
120
Duration etc. of temporary stop notice
121
Offence of breaching temporary stop notice
122
Compensation for loss or damage caused by temporary stop notice
Enforcement notices issued by planning authorities
123
Power of planning authority to issue enforcement notice
124
Service and taking effect of enforcement notice
125
Variation and withdrawal of enforcement notice
126
Effect of granting listed building consent on enforcement notice
Appeals and other proceedings relating to enforcement notices
127
Right to appeal against enforcement notice
128
Determination of appeal
129
Grounds for appeal not to be raised in other proceedings
Compliance with enforcement notices
130
Order to permit steps required by enforcement notice
131
Power to enter land and take steps required by enforcement notice
132
Recovery of costs of compliance with enforcement notice
133
Offence of failing to comply with enforcement notice
Enforcement notices issued by Welsh Ministers
134
Power of Welsh Ministers to issue enforcement notice
Injunctions
135
Injunction to restrain unauthorised works or failure to comply with condition of consent
CHAPTER 5
ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST
Acquisition by agreement of buildings of special interest
136
Power of planning authority to acquire building by agreement
Compulsory acquisition of listed buildings in need of repair
137
Powers to acquire listed building compulsorily for purpose of preservation
138
Requirement to serve repairs notice before starting compulsory acquisition
139
Application to stop compulsory acquisition
140
Direction for minimum compensation where building deliberately allowed to fall into disrepair
141
Application for removal of direction for minimum compensation
142
Ending of rights over land acquired compulsorily
Management, use and disposal of buildings
143
Management, use and disposal of building acquired under this Chapter
Urgent preservation of listed buildings
144
Urgent works to preserve listed building
145
Power to require owner to meet costs of preservation works
146
Further provision about recovery of costs of preservation works
Further provision about preservation of listed buildings
147
Steps for preservation of listed buildings in disrepair
Finance for repair and maintenance of buildings of special interest etc.
148
Grant or loan by local authority for repair or maintenance of building
149
Recovery of grant made by local authority
150
Grant by Welsh Ministers for repair or maintenance of building, garden etc.
151
Acceptance by Welsh Ministers of endowment for upkeep of building
CHAPTER 6
GENERAL
Powers of entry
152
Powers to enter land
153
Exercise of power to enter land without warrant
154
Warrant to enter land
155
Supplementary provision about powers of entry
Supplementary
156
Exempt religious buildings
157
Interpretation of this Part
PART 4
CONSERVATION AREAS
Designation of conservation areas
158
Designating areas of special architectural or historic interest as conservation areas
Duties relating to conservation areas
159
Duty to formulate and publish proposals for preservation and enhancement of conservation areas
160
Exercise of planning functions: general duty relating to conservation areas
Control of demolition in conservation areas
161
Requirement for demolition to be authorised
162
Authorisation of demolition by conservation area consent
163
Application of Part 3 to conservation areas
Urgent preservation of buildings in conservation areas
164
Urgent works to preserve buildings in conservation areas
Grants and conservation area agreements
165
Grant by Welsh Ministers for preservation or enhancement of conservation areas
166
Conservation area agreements
PART 5
SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
CHAPTER 1
EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES
167
Fees and charges for exercising functions
168
Arrangements for exercising functions in relation to applications
169
Arrangements for obtaining specialist advice
170
Form of documents
171
Contributions towards expenditure by local authorities
CHAPTER 2
PROCEEDINGS BEFORE THE WELSH MINISTERS
Procedural provisions applying to appeals to Welsh Ministers
172
Fees for appeals
173
Determination of appeal by appointed person
Procedural provisions applying to appeals and other proceedings before Welsh Ministers
174
Choice of inquiry, hearing or written procedure
175
Procedural requirements
Local inquiries
176
Power of Welsh Ministers to hold local inquiry
177
Power of person holding inquiry to require evidence
178
Access to evidence at inquiry
179
Payment of appointed representative where access to evidence restricted
Costs of proceedings before Welsh Ministers
180
Payment of costs of Welsh Ministers
181
Orders relating to costs of parties
CHAPTER 3
VALIDITY AND CORRECTION OF DECISIONS
Validity of decisions and orders
182
Validity of certain decisions and orders relating to buildings
183
Application to High Court for statutory review of decision or order
184
Appeal to High Court against decision relating to enforcement notice
Correction of decisions of Welsh Ministers
185
Meaning of “decision document” and “correctable error”
186
Power to correct correctable errors in decision documents
187
Effect and validity of correction notice
CHAPTER 4
GENERAL
The Crown
188
Representation of Crown and Duchy interests in land
189
Service of documents on the Crown
190
Enforcement steps in relation to Crown land
Interpretation
191
Meaning of “local authority” in this Part
PART 6
OTHER HERITAGE ASSETS AND RECORDS
Historic parks and gardens
192
Duty to maintain and publish register of historic parks and gardens
Historic place names
193
Duty to maintain and publish list of historic place names
Historic environment records
194
Duty to maintain historic environment records
195
Access to historic environment records
196
Guidance to certain public bodies about historic environment records
PART 7
GENERAL
Powers to require information about interests in land
197
Power to require information by notice
198
Offences in connection with section 197
199
Information about interests in Crown land
Offences
200
Offences by bodies corporate
201
Civil sanctions
Compensation
202
Making claims for compensation
203
Determination of compensation claims by Upper Tribunal
204
Compensation for depreciation of value of land
Service of documents
205
Service of notices and other documents: general
206
Additional provision about service on persons interested in or occupying land
Special cases
207
Definitions relating to the Crown
208
Church of England land
General
209
Regulations under this Act
210
Interpretation
211
Consequential and transitional provision etc.
212
Coming into force
213
Short title
SCHEDULE 1
END OF INTERIM PROTECTION FOR MONUMENTS
1
Application of this Schedule
2
Criminal liability
3
Scheduled monument consent
4
Temporary stop notices
5
Enforcement notices
6
Injunctions
SCHEDULE 2
DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS
1
Application of this Schedule and meaning of “appointed person”
2
Appointment of another person to make a decision on a review
3
Appointment of assessor to assist appointed person
4
Directions
5
Delegation
6
Public Services Ombudsman (Wales) Act 2019 (anaw 3)
SCHEDULE 3
AUTHORISATION FOR CLASSES OF WORKS
1
Power to amend Schedule
SCHEDULE 4
PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT
PART 1
NOTICE OF PROPOSED MODIFICATION OR REVOCATION
1
Requirement to serve a notice of proposed modification or revocation
2
Effect of notice under paragraph 1 on authorisation to carry out works
PART 2
PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE
3
Making an order under section 20
4
Notification once order made
PART 3
SUPPLEMENTARY
5
Procedure after hearing or inquiry
SCHEDULE 5
TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT
PART 1
NOTICE OF PROPOSED TERMINATION
1
Requirement to serve notice of proposed termination
2
Effect on authorised works of service of notice of proposed termination
PART 2
PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE
3
Making an order under section 27
4
Notification once order made
PART 3
SUPPLEMENTARY
5
Procedure after hearing or inquiry
SCHEDULE 6
PROCEEDINGS UNDER PART 2
1
Evidence at local inquiries
2
Offence relating to failure to comply with summons under paragraph 1
3
Costs of certain proceedings under this Part
4
Costs of reviews held under section 9 by appointed person
SCHEDULE 7
END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS
1
Introduction
2
Criminal liability
3
Listed building consent
4
Temporary stop notices
5
Enforcement notices
6
Injunctions
SCHEDULE 8
PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT
PART 1
ORDERS MADE BY PLANNING AUTHORITIES
1
Circumstances in which orders take effect
2
Procedure for confirmation of orders by Welsh Ministers
3
Procedure for orders to take effect without confirmation
PART 2
ORDERS MADE BY THE WELSH MINISTERS
4
Procedure to be followed before making order
SCHEDULE 9
ACTION FOLLOWING SERVICE OF PURCHASE NOTICE
1
Response to purchase notice by planning authority
2
Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority
3
Procedure before Welsh Ministers take action in relation to purchase notice
4
Effect of Welsh Ministers’ action in relation to purchase notice
5
Legal challenge to Welsh Ministers’ action in relation to purchase notice
6
Deduction of compensation payable under section 108 on acquisition
7
Interpretation of Schedule
SCHEDULE 10
PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS
PART 1
ORDERS MADE BY PLANNING AUTHORITIES
1
Requirement for confirmation by Welsh Ministers
PART 2
ORDERS MADE BY THE WELSH MINISTERS
2
Procedure to be followed before making order
SCHEDULE 11
EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING
1
Introduction
2
Criminal liability
3
Conservation area consent
4
Temporary stop notices
5
Enforcement notices
6
Injunctions
SCHEDULE 12
DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS
1
Introduction
2
Powers and duties of appointed person
3
Local inquiry, hearing or written representations
4
Replacement of appointed person
5
Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers
6
Revocation of direction under section 173(3)(b)
7
Supplementary provisions
SCHEDULE 13
MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
Settled Land Act 1925 (c. 18)
1
In Part 2 of Schedule 3 to the Settled Land...
Historic Buildings and Ancient Monuments Act 1953 (c. 49)
2
The Historic Buildings and Ancient Monuments Act 1953 is amended...
3
Omit section 4.
4
In section 4A— (a) in the heading, for “section 4”...
5
(1) In section 5, after subsection (5) insert—
6
Omit section 6.
7
In section 8, after subsection (7) insert—
Land Powers (Defence) Act 1958 (c. 30)
8
In section 6(4)(b) of the Land Powers (Defence) Act 1958,...
Public Health Act 1961 (c. 64)
9
In the table in Schedule 4 to the Public Health...
The Harbours Act 1964 (c. 40)
9A
In Schedule 3 to the Harbours Act 1964, in paragraph...
Compulsory Purchase Act 1965 (c. 56)
10
In section 1(4) of the Compulsory Purchase Act 1965—
Mines (Working Facilities and Support) Act 1966 (c. 4)
11
In section 7 of the Mines (Working Facilities and Support)...
Civic Amenities Act 1967 (c. 69)
12
Omit section 4 of the Civic Amenities Act 1967.
Redundant Churches and other Religious Buildings Act 1969 (c. 22)
13
The Redundant Churches and other Religious Buildings Act 1969 is...
14
In section 4— (a) in subsection (2)(b), after sub-paragraph (i)...
15
In section 5(1), after “Secretary of State,”, in both places,...
Local Government Act 1972 (c. 70)
16
In section 131(2) of the Local Government Act 1972, after...
Land Compensation Act 1973 (c. 26)
17
In section 33D(4)(d) of the Land Compensation Act 1973, after...
Estate Agents Act 1979 (c. 38)
18
In section 1(2)(e) of the Estate Agents Act 1979, after...
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
19
The Ancient Monuments and Archaeological Areas Act 1979 is amended...
20
In section 1— (a) in subsection (3), for “subsection” substitute...
21
Omit sections 1AA to 1AE.
22
In section 2— (a) omit subsections (3A) and (3B);
23
In section 4(3), omit “Where a direction would (if given)...
24
In section 6, omit subsection (5).
25
In section 7(1), omit “the Secretary of State or (where...
26
In section 8— (a) in subsection (2A), omit paragraph (c);...
27
In section 9(1), omit “the Secretary of State or (where...
28
Omit sections 9ZA and 9ZB and the italic heading before...
29
Omit sections 9ZC to 9ZH and the italic heading before...
30
Omit sections 9ZI to 9ZL and the italic heading before...
31
Omit section 9ZM and the italic heading before it.
32
In section 26, omit subsection (4).
33
In section 27(2), for “section 1AD, 7, 9 or 9ZL”...
34
In section 28— (a) in subsection (1), omit “situated in...
35
In section 33— (a) after subsection (1) insert—
36
In section 35(5), omit paragraph (aa).
37
In section 38— (a) in subsection (3)(b), omit “and Wales”;...
38
Omit section 41A and the italic heading before it.
39
In section 42— (a) in subsection (1), omit “or of...
40
In section 44(2), in the second sentence, omit the words...
41
In section 45— (a) omit subsection (1);
42
In section 46(3), omit “9ZF, 9ZJ,”.
43
In section 50, omit subsection (3A).
44
In section 51(3), omit “1AD, 9ZL,”.
45
In section 53— (a) in subsection (2), for “, or...
46
In section 55, omit subsection (3A).
47
In section 56— (a) in subsection (1), omit paragraph (ca)...
48
In section 60— (a) omit subsection (1A);
49
In section 61— (a) in subsection (1)—
50
Omit Schedules A1 and A2.
51
In Schedule 1— (a) in paragraph 1, omit sub-paragraph (3);...
Local Government, Planning and Land Act 1980 (c. 65)
52
In section 148(3) of the Local Government, Planning and Land...
Highways Act 1980 (c. 66)
53
The Highways Act 1980 is amended as follows.
54
In section 79(15)— (a) in paragraph (a), after “local highway...
55
In section 105ZA(1), in paragraph (g) of the definition of...
New Towns Act 1981 (c. 64)
56
In section 8 of the New Towns Act 1981, at...
Acquisition of Land Act 1981 (c. 67)
57
In section 31(1)(a) of the Acquisition of Land Act 1981,...
National Heritage Act 1983 (c. 47)
58
In Schedule 4 to the National Heritage Act 1983—
Inheritance Tax Act 1984 (c. 51)
59
In section 230(3)(c) of the Inheritance Tax Act 1984, after...
Building Act 1984 (c. 55)
60
The Building Act 1984 is amended as follows.
61
In section 1A(2)— (a) in paragraph (a), after “(see section...
62
In section 20(1), after “the Planning (Listed Buildings and Conservation...
63
In section 77(3), after “subject to” insert “section 79A and...
64
In section 79(5), after “subject to” insert “section 79A and...
65
After section 79 insert— Wales: exercise of powers under sections...
Housing Act 1985 (c. 68)
66
The Housing Act 1985 is amended as follows.
67
In section 303, after “section 1 of the Planning (Listed...
68
In section 305— (a) in subsection (1), after “Where a...
69
In section 306— (a) in subsection (1), after “applies to...
Protection of Military Remains Act 1986 (c. 35)
70
In section 9(1) of the Protection of Military Remains Act...
Town and Country Planning Act 1990 (c. 8)
71
The Town and Country Planning Act 1990 is amended as...
72
In section 70(3), as it has effect before section 5(8)...
73
In section 108(3F), at the end insert “or the Historic...
74
In section 137— (a) in subsection (6)—
75
In section 143(4), after “Planning (Listed Buildings and Conservation Areas)...
76
In section 157(1)(b)— (a) after “section 47 of the Planning...
77
In section 232(1), after “Chapter V of Part 1 of...
78
In section 235(6), in the definition of “alternative enactment”, after...
79
In section 240(3), in the definition of “relevant acquisition or...
80
In section 241(1), after “Chapter V of Part 1 of...
81
In section 243(3)(b), after “Chapter V of Part 1 of...
82
In section 246(1)(a), after “section 52 of the Planning (Listed...
83
In section 271(1), after “Chapter V of Part 1 of...
84
In section 272(1), after “Chapter V of Part 1 of...
85
In section 275— (a) in subsection (1)(a), after “Chapter V...
86
In section 277(2)(a), after “Chapter V of Part 1 of...
87
In section 303, after subsection (1) insert—
88
In section 303ZA(5)(b), which is inserted by section 200 of...
89
In section 306(1)(a), after “Chapter V of Part 1 of...
90
Before section 315 (but after the italic heading before that...
91
In section 336(1)— (a) in the definition of “conservation area”,...
92
In Schedule 4B, in paragraph 8(5), for “has the same...
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
93
The Planning (Listed Buildings and Conservation Areas) Act 1990 is...
94
In section 1— (a) in subsection (1), after “buildings of...
95
In section 2— (a) in subsection (1)—
96
Omit sections 2A to 2D.
97
In section 3— (a) in the heading, omit “in England”;...
98
Omit section 3A.
99
In section 4(2), for “sections 3 and 3A,” substitute “section...
100
In section 5— (a) at the beginning of subsection (1),...
101
In section 6— (a) in the heading, omit “: England”;...
102
Omit section 6A.
103
In section 8— (a) in subsection (4)—
104
In section 9, omit subsection (3A).
105
In section 12, omit subsection (4B).
106
In section 15(3), omit “in England”.
106A
In section 17(4), omit “in relation to England”.
107
In section 20— (a) in subsection (4), omit “in relation...
108
In section 21— (a) in subsection (4), omit “interim protection...
109
In section 22— (a) omit subsection (2B);
110
In section 26A(1), omit “, situated in England”.
111
In section 26C(1), omit “in England”.
112
In section 26D(1), omit “for any area in England”.
113
In section 26H(1), omit “in England”.
114
Omit sections 26L and 26M and the italic heading before...
115
Omit section 28B.
116
Omit section 29.
116A
In section 30— (a) in subsection (1)—
117
In section 31— (a) in subsection (2), for “28, 28B,...
118
In section 32(1), in the words after paragraph (b), omit...
119
In section 34(2)— (a) in paragraph (c), omit “in England”;...
120
In section 40, omit subsection (2B).
121
In section 41— (a) in subsection (4)—
122
In section 44A(4), omit “, as respects England,”.
122A
In section 44AA(1) and in the heading before it, omit...
122B
In the heading to section 44AB, omit “in England”.
122C
In the heading to section 44AC, omit “in England”.
123
Omit sections 44B to 44D.
124
In section 46— (za) in subsection (1A), omit “in England”;...
125
In section 47— (a) in subsection (3)(a), omit “situated in...
126
In section 48(4), omit “situated in England”.
127
In section 49— (a) in the heading, after “listed building”...
128
In section 52(1)— (a) in the words before paragraph (a)—...
129
In section 53(3), omit “if they relate to property situated...
130
In section 54— (a) in subsection (2)—
131
In section 55, omit subsections (5A) to (5G).
132
In section 57(7)— (a) in paragraph (a), for “, county...
133
In section 60(2), omit “, 3A”.
134
In section 61(2), for “sections 2B, 3, 3A,” substitute “sections...
135
In section 62(2), omit paragraph (za).
136
In section 66, after subsection (4) insert—
137
In section 70— (a) in subsection (5)(b), omit “it affects...
138
In section 74— (a) omit subsections (1), (1A) and (2);...
139
In section 75— (a) omit subsection (6);
140
In section 76(2), omit “in respect of a building in...
141
In section 77— (a) in subsection (1), omit “situated in...
142
In section 79— (a) in subsection (1), omit “, or...
143
In section 80— (a) in subsection (1)(b), omit “in England”;...
144
In section 81, after ““local planning authority”” insert “means a...
145
In section 82— (a) in subsection (1)—
146
In section 82A(2), omit paragraph (fa).
147
In section 86(2)— (a) in paragraph (a), omit “if the...
147A
Omit section 86(3).
148
In section 88— (za) in subsection (3ZA), omit “in England”;...
149
In section 88B, omit subsection (1A).
150
In section 88D— (a) in the heading, omit “: England”;...
151
Omit section 88E.
152
In section 89— (a) in subsection (1)—
153
In section 90— (a) in subsection (5), after “council of...
154
In section 91— (a) in subsection (1)—
154A
In section 92(2)(b), for “29” substitute “28A” .
155
In section 93— (a) in subsection (1), omit “in relation...
156
In Schedule 1, in paragraph 2— (a) in sub-paragraph (3),...
157
Omit Schedules 1A and 1B.
158
In Schedule 2— (a) in paragraph 1—
159
In Schedule 3— (a) in paragraph 2—
160
In Schedule 4— (a) in paragraph 1—
Planning and Compensation Act 1991 (c. 34)
161
The Planning and Compensation Act 1991 is amended as follows....
161A
In Schedule 6, omit paragraph 43.
161B
In Schedule 18— (a) omit the entry relating to section...
Coal Mining Subsidence Act 1991 (c. 45)
162
In section 19 of the Coal Mining Subsidence Act 1991,...
Land Drainage Act 1991 (c. 59)
163
In section 67(3) of the Land Drainage Act 1991, after...
Protection of Badgers Act 1992 (c. 51)
164
In section 10(1)(e) of the Protection of Badgers Act 1992,...
Tribunals and Inquiries Act 1992 (c. 53)
165
In section 16(1) of the Tribunals and Inquiries Act 1992,...
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
166
In section 70 of the Leasehold Reform, Housing and Urban...
Local Government (Wales) Act 1994 (c. 19)
167
The Local Government (Wales) Act 1994 is amended as follows....
168
In Schedule 6, omit paragraph 25 and the italic heading...
169
In Schedule 16, omit paragraph 56 and the italic heading...
Value Added Tax Act 1994 (c. 23)
170
In Schedule 8 to the Value Added Tax Act 1994,...
Criminal Justice and Public Order Act 1994 (c. 33)
171
The Criminal Justice and Public Order Act 1994 is amended...
172
In section 60C(8), in paragraph (b) of the definition of...
173
In section 61(9), in paragraph (a)(ii) of the definition of...
174
In section 62E(2)(b), after “the Ancient Monuments and Archaeological Areas...
Environment Act 1995 (c. 25)
175
In Schedule 9 to the Environment Act 1995, in paragraph...
Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)
176
In Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act...
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
177
In Schedule 1 to the National Assembly for Wales (Transfer...
Countryside and Rights of Way Act 2000 (c. 37)
178
The Countryside and Rights of Way Act 2000 is amended...
179
In section 15(1), after paragraph (d) insert— or
180
In section 26(3)(b)(i), after “the Ancient Monuments and Archaeological Areas...
Planning and Compulsory Purchase Act 2004 (c. 5)
181
In section 81 of the Planning and Compulsory Purchase Act...
Government of Wales Act 2006 (c. 32)
182
The Government of Wales Act 2006 is amended as follows....
183
In Schedule 3A, in the table in paragraph 1, omit...
184
In Schedule 10, omit paragraph 36.
National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353)
185
In the National Assembly for Wales Commission (Crown Status) (No....
Regulatory Enforcement and Sanctions Act 2008 (c. 13)
186
In Schedule 7 to the Regulatory Enforcement and Sanctions Act...
Planning Act 2008 (c. 29)
187
In Schedule 2 to the Planning Act 2008, omit paragraph...
Enterprise and Regulatory Reform Act 2013 (c. 24)
188
In Schedule 17 to the Enterprise and Regulatory Reform Act...
Planning (Wales) Act 2015 (anaw 4)
189
The Planning (Wales) Act 2015 is amended as follows.
190
Omit section 39(3).
191
Omit section 47(3).
192
In Schedule 5, omit paragraphs 19 to 22 and the...
Historic Environment (Wales) Act 2016 (anaw 4)
193
The Historic Environment (Wales) Act 2016 is repealed.
Housing and Planning Act 2016 (c. 22)
194
In section 5(8) of the Housing and Planning Act 2016,...
Public Services Ombudsman (Wales) Act 2019 (anaw 3)
195
In Schedule 5 to the Public Services Ombudsman (Wales) Act...
Sentencing Act 2020 (c. 17)
196
In section 137(3) of the Sentencing Act 2020, for “is...
The Levelling-Up and Regeneration Act 2023 (c. 55)
197
The Levelling-Up and Regeneration Act 2023 is amended as follows....
198
In section 102— (a) in subsection (3), for the words...
199
In section 103— (a) omit subsections (3) to (6);
200
Omit section 105(3) and (4).
SCHEDULE 14
TRANSITIONAL AND SAVING PROVISIONS
PART 1
GENERAL PROVISIONS
1
Statutory and other references to this Act
2
Documents referring to repealed enactments
3
Relationship with Legislation (Wales) Act 2019
4
Interpretation
PART 2
GUARDIANSHIP OF MONUMENTS
5
Guardianship orders made under 1953 Act
6
Control and management of monument where guardianship pre-dates 1979 Act
7
Public access to monument where guardianship pre-dates 1913 Act
8
Interpretation
PART 3
MISCELLANEOUS
9
Offence of breaching temporary stop notice in relation to scheduled monument
10
Service and taking effect of enforcement notice in relation to scheduled monument
11
Purchase notice served on council in relation to building in National Park
12
Building preservation notices in England: compensation

Historic Environment (Wales) Act 2023
2023 asc 3
An Act of Senedd Cymru to consolidate certain enactments relating to the conservation of the historic environment of Wales.
[14 June 2023]
Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows: