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Historic Environment (Wales) Act 2023
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Historic Environment (Wales) Act 2023, Paragraph 3 is up to date with all changes known to be in force on or before 07 February 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 5 Paragraph 3:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
Making an order under section 27E+W
This section has no associated Explanatory Notes
3(1)This paragraph applies where a notice of proposed termination 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(b)if an objection was made by such a person within that period, all such objections have been withdrawn, or
(c)if an objection was made during that period by such a person and the objection has not been withdrawn, the requirements of sub-paragraphs (3) and (4) have been met.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(a)consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and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 served with the notice of proposed termination, and
(b)any other person the Welsh Ministers consider appropriate.
(6)Where the Welsh Ministers make an order under section 27 by virtue of sub-paragraph (2)(a) or (b), the order must be made on the terms set out by the notice of proposed termination.
(7)Where the Welsh Ministers make an order under section 27 by virtue of sub-paragraph (2)(c), the order may be made either on the terms set out by the notice of proposed termination or with modifications.
Commencement Information
I1Sch. 5 para. 3 not in force at Royal Assent, see s. 212(2)
I2Sch. 5 para. 3 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)
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