Explanatory Notes

Historic Environment (Wales) Act 2016

4

21 March 2016

Commentary on Sections

Part 2: Ancient Monuments Etc

Section 7 – Offence of false information on application

47.Paragraph 2(1) of Part 1 of Schedule 1 to the 1979 Act (applications for scheduled monument consent) allows the Welsh Ministers to refuse to entertain an application for scheduled monument consent unless it is accompanied by a specified certificate. Paragraph 2(2) gives the Welsh Ministers power to make regulations regarding the form of such certificates and the further particulars that they must contain. Paragraph 2(4) makes it an offence to issue a certificate that purports to comply with the requirements of paragraph 2 of Part 1 of Schedule 1, but which contains a statement which is false or misleading in a significant detail.

48.Section 7 amends paragraph 2(4) to make it an offence, in addition, to issue a certificate that purports to comply with any requirements contained in regulations made by the Welsh Ministers under paragraph 2 of Part 1 of Schedule 1, but which contains a statement that is false or misleading in a significant detail.