The title of these Regulations is the Scheduled Monuments (Review of Scheduling Decisions) (Wales) Regulations 2017 and they come into force on 31 May 2017.

These Regulations apply to Wales.

A review applied for on either of the grounds set out in regulation 4 is prescribed as a class of review for the purposes of paragraph 1(1) of Schedule A2 to the 1979 Act.

The decision on a review belonging to the class mentioned in paragraph (1) is to be made by an appointed person.

An application for a review must be made to the Welsh Ministers in accordance with this regulation.

An application must be made within the period of 12 weeks beginning with the date on which notice was served on an owner or occupier of the monument under section 1AE(2) of the 1979 Act.

The Welsh Ministers must within the period of three working days beginning with the day on which they received notification under paragraph (1) send to the applicant and the appointed person a copy of any representation previously made to the Welsh Ministers under section 1AA of the 1979 Act by any interested person.

In this regulation “working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.

The Welsh Ministers must, within the period of four weeks beginning on the starting date, send to the applicant and the appointed person a statement setting out all the matters which the Welsh Ministers intend to raise in the course of the review and which they consider should be taken into account by the appointed person in carrying out the review (“the Welsh Ministers’ review statement”).

The Welsh Ministers’ review statement must be accompanied by all documents, materials and evidence which the Welsh Ministers intend to rely on in the course of the review.

Subject to paragraph (5), the applicant must send to the appointed person two copies of any written comments they have about the Welsh Ministers’ review statement so as to be received within the period of six weeks beginning on the starting date.

Where written comments are sent to the appointed person under paragraph (3) or (5), the appointed person must, as soon as practicable after receipt, send a copy of any such comments to the Welsh Ministers.

The requirement in paragraph (3) is to be construed as permitting the sending of only a single copy of any written comments for the purpose of satisfying that requirement in any case where the applicant elects to send the comments by means of electronic communications.

An interested person or any person or body given notice under regulation 7(1)(b) may, in addition to the representations referred to in paragraph (1)(c) or (d) (whichever the case may be), make further written representations under section 1AE(5)(c) of the 1979 Act, and where doing so must send three copies of such representations to the appointed person within the period of four weeks beginning on the starting date.

The appointed person must, as soon as practicable after receipt of any representations made under paragraph (2), send a copy of such representations to the applicant and the Welsh Ministers.

The applicant and the Welsh Ministers must send to the appointed person two copies of any written comments they have about any representations made under paragraph (1)(c), (d) or (2) so as to be received within the period of six weeks beginning on the starting date.

Where paragraphs (2) to (4) impose a requirement on any person or body to send more than a single copy of any written representations or comments (whichever the case may be) to any other person or body, such requirement is to be construed as permitting the sending of only a single version of that document for the purpose of satisfying that requirement in any case where the person upon whom the requirement is imposed elects to send the representations or comments by means of electronic communications.

The notice given under paragraph (1) must set out the specified matters, but the inclusion of such matters in the notice does not prevent the appointed person from allowing the consideration of such other matters as they consider appropriate.

The persons entitled to appear at the hearing are those referred to in paragraph (1)(a) to (c).

The attendance at the hearing of any person who is not entitled to appear is subject to the discretion of the appointed person.

The appointed person must determine (and may subsequently vary) the date, time and place at which the hearing is to be held.

Subject to regulation 13(10), the appointed person must give to those persons entitled to appear at the hearing not less than four weeks notice of the date, time and place fixed for the holding of the hearing (and any subsequent variation thereof).

Except as otherwise provided in this Part, the procedure at a hearing is to be as the appointed person determines.

The appointed person must state at the commencement of the hearing the procedure that they propose to adopt.

Any person entitled to appear at the hearing may instead be represented by another person.

Where two or more persons have a similar interest in the issues being considered at the hearing, the appointed person may allow one or more persons to appear on behalf of some or all of any persons so interested.

The appointed person may refuse to permit the giving of any evidence which they consider irrelevant or repetitious.

The appointed person may proceed with a hearing in the absence of any person entitled to appear at the hearing.

The appointed person may take into account any representation or evidence or any other document received from any person before a hearing opens or during the hearing on the condition that the appointed person discloses that fact at the hearing.

Where paragraph (9)(b) applies, the appointed person may give to those persons entitled to appear at the hearing less than four weeks notice of the date, time and place fixed for the resumption of the hearing (and any subsequent variation thereof) in any case where such shorter period is agreed between the applicant, appointed person and the Welsh Ministers.

The notice given under paragraph (1) must set out the specified matters, but the inclusion of such matters in the notice does not prevent the appointed person from allowing the consideration of such other matters as they consider appropriate.

The persons entitled to appear at the inquiry are those referred to in paragraph (1)(a) to (c).

The appointed person must determine (and may subsequently vary) the date, time and place at which the inquiry is to be held.

The appointed person must give to those persons entitled to appear at the inquiry not less than four weeks notice of the date, time and place fixed for the holding of the inquiry (and any subsequent variation thereof).

The appointed person may make further arrangements for publicising the holding of the inquiry as they consider appropriate in the circumstances.

Except as otherwise provided in this Part, the procedure at an inquiry is to be as the appointed person determines.

The appointed person must state at the commencement of the inquiry the procedure that they propose to adopt.

Any person entitled to appear at the inquiry may instead be represented by another person.

Where two or more persons have a similar interest in the matter under inquiry, the appointed person may allow one or more persons to appear on behalf of some or all of any persons so interested.

Subject to paragraph (6), any person entitled to appear at the inquiry is entitled to call evidence, to cross-examine persons giving evidence and to make closing statements.

The appointed person may proceed with an inquiry in the absence of any person entitled to appear at the inquiry.

The appointed person may take into account any representation or evidence or any other document received from any person before an inquiry opens or during the inquiry on the condition that the appointed person discloses that fact at the inquiry.

Where paragraph (10)(b) applies, the appointed person may give to those persons entitled to appear at the inquiry less than four weeks notice of the date, time and place fixed for the resumption of the inquiry (and any subsequent variation thereof) in any case where such shorter period is agreed between the applicant, appointed person and the Welsh Ministers.

The appointed person may in writing, at any time before they give their decision on the review, require the applicant, the Welsh Ministers, any interested person or any other person or body to provide such further information relevant to the review as may be specified.

Such information must be provided in writing within such period as the appointed person may specify.

Where the appointed person requires further information under paragraph (1), they must allow the applicant and the Welsh Ministers the opportunity to comment on the information so provided in accordance with such arrangements as they consider appropriate.

The appointed person is not bound to defer an inspection if any person invited to accompany them under paragraph (2)(b)(ii) is not present at the time appointed.

The appointed person must, as soon as reasonably practicable after receipt, make available for inspection copies of the materials referred to in paragraph (2).

The appointed person may make orders as to the costs of the applicant, Welsh Ministers or any other party to the review, and as to the persons by whom such costs are to be paid.