Historic Environment (Wales) Act 2023

Making an order under section 27

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(b) if an objection was made by such a person within that period, all such objections have been withdrawn, or

(c) if an objection was made during that period by such a person and the objection has not been withdrawn, the requirements of sub-paragraphs (3) and (4) have been met.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(a) consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and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.