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Historic Environment (Wales) Act 2023

Section 185 — Meaning of “decision document” and “correctable error”Section 186 — Power to correct correctable errors in decision documentsSection 187 — Effect and validity of correction notice

677.Sections 185 to 187 provide that the Welsh Ministers may correct certain errors contained in particular decision documents. These three sections define key terms, set out the power to correct errors, and explain the effect of a decision whether or not to correct an error.

678.Section 185 provides that the correction power is exercisable in relation to “decision documents” that record:


decisions of a type listed in section 182(2);


decisions on appeals against enforcement notices under section 127; and


any other types of decisions specified in regulations made by the Welsh Ministers.

679.The section also sets out that the correction power may only be exercised in relation to errors, which include omissions, that are not part of any reasons given for the decision.

680.Section 186 sets out the procedure the Welsh Ministers must follow to correct errors in a relevant decision document.

681.Subsection (2) sets out that the procedure starts where, before the end of the “review period”, the Welsh Ministers receive a request in writing to correct an error or, on their own initiative, write to the applicant to explain that the decision document contains a mistake that the Welsh Ministers are considering correcting. The “review period” is defined in subsection (4) by reference to the period for bringing proceedings under section 183 or 184 (set out in the relevant Civil Procedure Rules and practice directions). It is 6 weeks in relation to decision documents recording decisions of a type listed in section 182(2) and 4 weeks in relation to decision documents recording decisions on appeals against enforcement notices under section 127 (other than decisions to which section 182 applies). The planning authority must also be informed that a request to make a correction has been received, or that the Welsh Ministers are considering making a correction.

682.Subsections (5) and (6) provide that the Welsh Ministers must, as soon as practicable after correcting an error or deciding not to correct an error, issue a correction notice which will either specify the correction that has been made or give notice that they are not correcting the error. Subsection (7) specifies on whom the correction notice must be served. Subsection (8) provides that the functions under this section may be exercised by an appointed person if an appointed person made the original decision.

683.Section 187 sets out the status of corrected and uncorrected decisions.

684.A corrected decision will be treated as having been made on the date the relevant correction is made and the statutory period for challenging the corrected decision will start to run from that date. Any person wishing to challenge the decision is therefore not prejudiced by the time taken to correct the decision. If the Welsh Ministers do not correct a decision, the original decision will stand and the statutory period for challenge will be unaffected.

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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.


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