Historic Environment (Wales) Act 2016

1AADuty to consult on certain amendments relating to the Schedule

1

This section applies where the Welsh Ministers are proposing—

a

to include a monument in the Schedule;

b

to exclude a monument from the Schedule; or

c

in the case of a monument which is identified in the Schedule by reference to a map maintained by the Welsh Ministers, to make a material amendment in relation to the monument.

2

The Welsh Ministers must—

a

serve notice of the proposed inclusion, exclusion or amendment on the appropriate persons; and

b

invite those persons to submit written representations about the proposal.

3

The appropriate persons are—

a

the owner of the monument;

b

if the owner is not the occupier, the occupier of the monument;

c

each local authority in whose area the monument is situated; and

d

any other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the monument, or in monuments of special historic or archaeological interest more generally.

4

A notice under subsection (2) must—

a

specify the proposed inclusion, exclusion or amendment;

b

specify the period within which representations about the proposal may be made, which must be at least 28 days beginning with the day on which the notice is served; and

c

in the case of a proposed inclusion or a proposed amendment of the kind described in subsection (5)(a)—

i

include a statement of the effect of section 1AB; and

ii

specify the date on which interim protection takes effect under subsection (2) of that section.

5

For the purposes of this section an amendment in relation to a monument in the Schedule is “material” if it—

a

adds to the area shown for the monument on the map referred to in subsection (1)(c); or

b

reduces the area so shown.

6

The Welsh Ministers may by regulations amend subsection (3) by adding a description of person to the list of appropriate persons in that subsection; and where the Welsh Ministers do so, they may also make such amendments to this Act as they consider appropriate in consequence of the amendment to subsection (3).

1ABInterim protection pending decisions on certain amendments relating to the Schedule

1

This section applies where the Welsh Ministers consult under section 1AA on a proposal to—

a

include a monument in the Schedule; or

b

make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.

2

The provisions of this Act have effect in relation to the monument, from the beginning of the day specified for the purposes of section 1AA(4)(c)(ii)—

a

in the case of a proposal to include a monument in the Schedule, as if the monument were a scheduled monument; and

b

in the case of a proposal to make a material amendment in relation to a monument in the Schedule, as if the amendment were made.

3

The protection conferred on a monument or area by virtue of subsection (2) is referred to in this Act as “interim protection”.

4

Interim protection conferred by virtue of subsection (2)(a) ceases to have effect—

a

where the Welsh Ministers include the monument in the Schedule, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or

b

where the Welsh Ministers decide not to include the monument in the Schedule, from the beginning of the day specified in a notice issued to—

i

the owner of the monument;

ii

if the owner is not the occupier, the occupier of the monument; and

iii

each local authority in whose area the monument is situated.

5

Interim protection conferred by virtue of subsection (2)(b) ceases to have effect—

a

where the Welsh Ministers make the material amendment, from the beginning of the day specified in the notice for the purpose of section 1AE(2)(a); or

b

where the Welsh Ministers decide not to make the material amendment, from the beginning of the day specified in a notice issued to—

i

the owner of the monument;

ii

if the owner is not the occupier, the occupier of the monument; and

iii

each local authority in whose area the monument is situated.

6

The Welsh Ministers—

a

must publish by electronic means a list containing particulars of each monument in relation to which interim protection has effect; and

b

must, on request, provide a copy of the notice served under section 1AA(2) in respect of such a monument.

1ACProvisions applicable on lapse of interim protection

Schedule A1 has effect with respect to the lapse of interim protection.

1ADCompensation for loss or damage caused by interim protection

1

This section applies where interim protection in respect of a monument ceases to have effect as a result of the issue of a notice by the Welsh Ministers under section 1AB(4)(b) or (5)(b).

2

Any person who, at the time when the interim protection took effect, had an interest in the monument is, on making a claim to the Welsh Ministers within the prescribed time and in the prescribed manner, entitled to be paid compensation by the Welsh Ministers in respect of any loss or damage directly attributable to the effect of the protection.

3

The loss or damage in respect of which compensation is payable under subsection (2) includes a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the monument on account of the interim protection having effect.

1AEReview of decisions on certain amendments relating to the Schedule

1

This section applies where the Welsh Ministers—

a

include a monument in the Schedule; or

b

make a material amendment of the kind described in section 1AA(5)(a) in relation to a monument in the Schedule.

2

When the Welsh Ministers inform the owner and (if the owner is not the occupier) the occupier of the monument under section 1(6) or (6B) that they have taken that action, they must also serve on that person or those persons a notice which—

a

specifies the date on which the Welsh Ministers did so (and on which interim protection under section 1AB(2) ceased to have effect); and

b

states that the person may make an application to the Welsh Ministers requesting them to review their decision to do so.

3

Where the owner or occupier of the monument makes such an application, the Welsh Ministers must—

a

carry out the review requested;

b

make a decision on the review; and

c

make such amendment to the Schedule or the map referred to in section 1AA(1)(c) as they consider appropriate to give effect to that decision.

4

Except as provided in section 55, the validity of any decision taken by the Welsh Ministers on the review is not to be questioned in any legal proceedings.

5

The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—

a

by means of a public local inquiry;

b

by means of a hearing;

c

on the basis of written representations.

6

The Welsh Ministers must by regulations make provision about—

a

the grounds on which an application for a review under this section may be made;

b

the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application;

c

the form and manner in which such an application must be made; and

d

the period within which such an application must be made.

7

The Welsh Ministers may by regulations make further provision in connection with reviews under this section, including provision about costs that may be required to be paid in connection with a review.

8

Regulations made by virtue of subsection (6) or (7) may confer power on the Welsh Ministers—

a

to determine matters of a description specified in the regulations; and

b

to give directions in relation to those matters.

9

Schedule A2 applies to reviews under this section.

6A

In any proceedings for an offence under subsection (1) in relation to a monument or anything else on which interim protection is conferred (which is, as a result of section 1AB(2), treated as a scheduled monument or part of such a monument)—

a

it is a defence for the accused to prove that the accused did not know, and could not reasonably have been expected to know, that the interim protection had been conferred; and

b

where the defence is raised by a person on whom a notice should have been served under section 1AA(2), it is for the prosecution to prove that the notice was served on the person.

5A

Section 1AA makes provision about consultation by the Welsh Ministers on proposals to include or exclude a monument or to make a material amendment in relation to a scheduled monument.

6B

As soon as may be after making a material amendment of the kind described in section 1AA(5) in relation to a monument identified in the Schedule by reference to a map, the Welsh Ministers must—

a

inform the owner and (if the owner is not the occupier) the occupier of the monument, and any local authority in whose area the monument is situated, of the action taken; and

b

send to those persons a copy of the amended map.

6C

Section 1AE(2) makes further provision about information that the Welsh Ministers must provide after making certain amendments in relation to the Schedule.

3A

This section applies to a decision on a review under section 1AE (review by Welsh Ministers or appointed person).

“interim protection” has the meaning given by section 1AB(3);

5A

In the case of a monument situated in Wales, the reference in subsection (3)(a) to the granting of written consent includes a reference to the granting of consent in such other manner as may be prescribed by the Welsh Ministers.

5B

The Welsh Ministers may by regulations make provision as to the form and content of consent under this section in relation to a monument situated in Wales.

3

The Welsh Ministers may by regulations make provision as to cases in which an applicant for scheduled monument consent in relation to a monument situated in Wales may make the application otherwise than in the form provided for under sub-paragraph (1); and such provision may confer a discretion on the Welsh Ministers.

3A

If works to which this section applies have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument without being authorised under this Part, and the Welsh Ministers grant consent for the retention of the works, the works are authorised under this Part from the grant of the consent.

3B

References in this Act to scheduled monument consent (other than in section 4) include a reference to consent under subsection (3A).

5

This paragraph does not apply to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.

3A

1

This paragraph applies to applications for scheduled monument consent in respect of works to a scheduled monument situated in Wales.

2

The Welsh Ministers may grant scheduled monument consent in respect of all or any part of the works to which an application relates.

3

Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers may—

a

cause a public local inquiry to be held; or

b

afford to the applicant, and to any other person to whom it appears to the Welsh Ministers expedient to do so—

i

an opportunity to appear before and be heard by a person appointed by the Welsh Ministers for that purpose; or

ii

an opportunity to make representations to a person appointed by the Welsh Ministers for that purpose.

4

Before determining whether or not to grant scheduled monument consent on an application, the Welsh Ministers—

a

must, in every case, consider any representations made by any person with respect to that application; and

b

must also, if an inquiry or hearing has been held or representations have been made in accordance with sub-paragraph (3), consider the report of the person who held the inquiry or hearing or to whom the representations were made.

5

The Welsh Ministers must serve notice of their decision with respect to the application on the applicant and on every person who has made representations with respect to the application.

Agreements concerning scheduled monuments etc: Wales

9ZAHeritage partnership agreement

1

The Welsh Ministers may enter into an agreement under this section (a “heritage partnership agreement”) with the owner of—

a

a scheduled monument situated in Wales; or

b

any land adjoining or in the vicinity of such a scheduled monument (“associated land”).

2

Any of the following may also be a party to a heritage partnership agreement (in addition to the owner and the Welsh Ministers)—

a

any occupier of the scheduled monument or its associated land;

b

any person with an interest in the scheduled monument or its associated land;

c

any person involved in the management of the scheduled monument or its associated land;

d

any local authority in whose area the scheduled monument or its associated land is situated;

e

any local authority which is a guardian of the scheduled monument or its associated land by virtue of this Act;

f

any other person who appears to the Welsh Ministers appropriate as having a special knowledge of, or interest in, the scheduled monument, or in monuments of special historic or archaeological interest more generally.

3

A heritage partnership agreement may contain provision—

a

granting scheduled monument consent under section 2(3) for specified works for the purpose of removing or repairing the scheduled monument to which the agreement relates or any part of it, or of making any alterations or additions to the monument; and

b

specifying any conditions to which the consent is subject (whether with respect to the manner in which or the persons by whom the works or any of the works are to be executed or otherwise).

4

A heritage partnership agreement may also—

a

specify or describe works that would, or would not, in the view of the parties to the agreement, constitute works to which section 2 applies;

b

make provision about the maintenance and preservation of the scheduled monument or its associated land;

c

make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the scheduled monument or its associated land;

d

provide for public access to the scheduled monument or its associated land and the provision of associated facilities, information or services to the public;

e

restrict access to, or use of, the scheduled monument or its associated land;

f

prohibit the doing of any specified thing in relation to the scheduled monument or its associated land;

g

provide for the Welsh Ministers, or any local authority in whose area the scheduled monument or its associated land is situated, to make payments of specified amounts and on specified terms—

i

for, or towards, the cost of any works provided for under the agreement; or

ii

in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

5

In this section “specified” means specified or described in the heritage partnership agreement.

6

In this section and in section 9ZB “owner”, in relation to a scheduled monument or its associated land, means a person who is for the time being—

a

the estate owner in respect of the fee simple in the monument or its associated land (as the case may be); or

b

entitled to a tenancy of the monument or its associated land (as the case may be) for a term of years certain of which not less than 7 years remains unexpired.

7

Where more than one person is the owner of a scheduled monument or its associated land, the references in subsection (1) and in section 9ZB(2)(b) to the owner are to any one or more of those persons.

9ZBHeritage partnership agreement: supplemental

1

A heritage partnership agreement—

a

must be in writing;

b

must make provision for the parties to review its terms at intervals specified in the agreement;

c

must make provision for its termination and variation; and

d

may contain incidental and consequential provision.

2

A heritage partnership agreement may relate to more than one scheduled monument, provided that the following are parties to the agreement in each case—

a

the Welsh Ministers; and

b

the owner of the scheduled monument or the owner of land adjoining or in the vicinity of the scheduled monument.

3

The Welsh Ministers must by regulations make provision—

a

about the consultation that must take place before a heritage partnership agreement is made or varied;

b

about the publicity that must be given to a heritage partnership agreement before or after it is made or varied;

c

specifying terms that must be included in a heritage partnership agreement; and

d

enabling the Welsh Ministers to terminate by order a heritage partnership agreement or any provision of such an agreement.

4

Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(a)—

a

the owner of the scheduled monument to which the proposed agreement relates;

b

any occupier of the scheduled monument;

c

any local authority in whose area the scheduled monument is situated;

d

any local authority which is a guardian of the scheduled monument.

5

Regulations made under subsection (3)(a) must require the Welsh Ministers to consult the following persons before entering into a heritage partnership agreement under section 9ZA(1)(b)—

a

the owner of the land to which the proposed agreement relates;

b

any occupier of the land;

c

any local authority in whose area the land is situated;

d

any local authority which is a guardian of the land by virtue of this Act.

6

Regulations made under section (3)(d) may specify provision that may be included in an order made by virtue of that paragraph, including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision.

7

The Welsh Ministers may by regulations make provision disapplying, or applying or reproducing with or without modifications, any provision of this Act for the purposes of heritage partnership agreements.

8

A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, scheduled monument consent granted by such an agreement enures only for the benefit of the parties to the agreement).

Scheduled monument enforcement notices

9ZCScheduled monument enforcement notice

1

This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).

2

The Welsh Ministers may issue a notice under this section (referred to in this Part as a “scheduled monument enforcement notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient to do so.

3

A scheduled monument enforcement notice must be in writing and must specify—

a

the date on which the notice takes effect (see subsection (4));

b

the alleged contravention;

c

where the Welsh Ministers require works to cease, the works concerned and the period within which the Welsh Ministers require them to cease; and

d

where the Welsh Ministers require steps of a kind referred to in subsection (5) to be taken, the steps concerned and the period within which the Welsh Ministers require them to be taken.

4

A scheduled monument enforcement notice takes effect on the date specified in the notice for the purposes of subsection (3)(a); and the date so specified must be at least 28 days after the date on which the notice is served in accordance with section 9ZD.

5

The steps mentioned in subsection (3)(d) are—

a

steps for restoring the monument or land to its former state;

b

if the Welsh Ministers consider restoration would not be practicable or desirable, steps for executing such further works as they consider are required to alleviate in a manner acceptable to them the effect of the works carried out without scheduled monument consent;

c

if scheduled monument consent for the works has been granted, steps for bringing the monument or land to the state it would have been in if the conditions of the consent had been complied with.

6

A scheduled monument enforcement notice may specify different periods for different works or different steps.

7

Where works of the kind mentioned in subsection (5)(b) are carried out, scheduled monument consent is to be treated as having been granted in respect of the works.

9ZDScheduled monument enforcement notice: supplementary provision

1

A copy of a scheduled monument enforcement notice must be served on—

a

the owner of the monument or land concerned;

b

if the owner is not the occupier, the occupier;

c

if the monument or land is let but the lessee is not the occupier, the lessee; and

d

every other person with an interest in the monument or land which is, in the opinion of the Welsh Ministers, materially affected by the notice.

2

The Welsh Ministers may at any time withdraw a scheduled monument enforcement notice; but that does not affect the power to issue another notice under section 9ZC.

3

The Welsh Ministers may at any time waive or relax any requirement imposed by a scheduled monument enforcement notice (including the length of a period specified in the notice for the purposes of section 9ZC(3)(c) or (d)).

4

The Welsh Ministers must, immediately after exercising the power under subsection (2) or (3), give notice of the exercise of the power to every person who has been served with a copy of the notice under subsection (1) (or who would be if the notice were to be reissued).

5

The Welsh Ministers—

a

must publish by electronic means a list containing particulars of each monument in respect of which a scheduled monument enforcement notice has effect; and

b

must, on request, provide a copy of a scheduled monument enforcement notice the particulars of which are contained in the list.

9ZEScheduled monument enforcement notice: appeal

1

A person on whom a scheduled monument enforcement notice is served, or any other person with an interest in the monument or land concerned, may appeal to a magistrates' court against the notice.

2

An appeal under this section must be brought before the date specified in the notice for the purposes of section 9ZC(3)(a).

3

An appeal under this section may be brought on any of the following grounds—

a

that the matters alleged to constitute the contravention specified for the purposes of section 9ZC(3)(b) have not occurred;

b

that those matters, in so far as they have occurred, do not constitute a contravention of section 2(1) or (6);

c

that works to the monument or land were urgently necessary in the interests of safety or health and that—

i

it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter;

ii

the works carried out were limited to the minimum measures immediately necessary; and

iii

written notice justifying in detail the need for the works was given to the Welsh Ministers as soon as reasonably practicable;

d

that a copy of the notice was not served as required by section 9ZD;

e

that a period specified for the purposes of section 9ZC(3)(c) or (d) falls short of what should reasonably be allowed.

4

Where an appeal under this section is brought, the notice is of no effect until the appeal is finally determined or withdrawn.

5

On an appeal under this section, a magistrates' court may uphold the notice or quash it.

6

The court may uphold a notice even if copies of it have not been served in accordance with section 9ZD if the court is satisfied that no person on whom a copy should have been, but was not, served has been substantially prejudiced by the failure.

9ZFScheduled monument enforcement notice: power of entry

1

A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—

a

ascertaining whether a scheduled monument enforcement notice should be served;

b

securing that a scheduled monument enforcement notice is affixed for the purposes of service in accordance with section 56(2)(b);

c

ascertaining whether a scheduled monument enforcement notice has been complied with.

2

If steps specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(d) have not been taken within the period so specified, a person duly authorised by the Welsh Ministers may—

a

at any reasonable time enter the land in, on or under which the monument is situated and take the steps concerned; and

b

recover from the person who is then the owner or lessee of the monument or land expenses incurred by them in doing so.

3

The liability under subsection (2)(b) of a person who is the owner of a monument or land merely by virtue of being entitled to receive the rack rent as trustee for another person is limited to the total amount of money the person has or has had by virtue of that entitlement.

4

Where, on a claim by the owner of a scheduled monument or land, it appears to a magistrates' court that the occupier of the monument or land is preventing the owner from carrying out the work required by a scheduled monument enforcement notice, the court may by warrant authorise the owner to enter the land and carry out the work.

9ZGFailure to comply with scheduled monument enforcement notice

1

This section applies where after the end of a period specified in a scheduled monument enforcement notice for the purposes of section 9ZC(3)(c) or (d)—

a

the works specified as being required to cease have not ceased; or

b

the steps specified as being required to be taken have not been taken.

2

The person who is for the time being owner of the scheduled monument or of the land in, on or under which it is situated is in breach of the notice.

3

If the owner of a monument or land is in breach of a scheduled monument enforcement notice, the owner is guilty of an offence.

4

An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same scheduled monument enforcement notice, be convicted of more than one offence under this section by reference to different periods.

5

In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did everything the person could be expected to do to secure that—

a

in a case concerning works required to cease, the works did cease; or

b

in a case concerning steps required to be taken, the steps were taken.

6

In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the scheduled monument enforcement notice.

7

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

8

In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the execution of the works to which the scheduled monument enforcement notice relates.

9ZHEffect of scheduled monument consent on notice

1

This section applies if, after the issue of a scheduled monument enforcement notice, consent is granted under section 2(3A)—

a

for the retention of any work to which the notice relates; or

b

permitting the retention of works without complying with a condition subject to which a previous scheduled monument consent was granted.

2

The notice ceases to have effect in so far as it—

a

requires the work or works to cease;

b

requires steps to be taken involving the works not being retained; or

c

requires steps to be taken for complying with that condition.

Scheduled monuments: temporary stop notices

9ZITemporary stop notice

1

This section applies where it appears to the Welsh Ministers that works affecting a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument have been or are being carried out in contravention of section 2(1) or (6).

2

The Welsh Ministers may issue a notice under this section (referred to in this Part as a “temporary stop notice”) if, having regard to the effect of the works on the monument as one of national importance, they consider that it is expedient that the works are stopped immediately (or that part of them is).

3

A temporary stop notice must be in writing and must—

a

specify the works in question;

b

prohibit execution of the works (or so much of them as is specified in the notice);

c

set out the Welsh Ministers' reasons for issuing the notice; and

d

include a statement of the effect of section 9ZK.

4

A temporary stop notice may be served on a person who appears to the Welsh Ministers—

a

to be carrying out the works or causing them to be carried out; or

b

to have an interest in the monument or land.

5

The Welsh Ministers must display a copy of the notice on the monument or land (except where doing so might damage the monument, in which case it is sufficient to display the notice in a prominent position as close to the monument or land as is reasonably practicable); and the copy must specify the date on which it is first displayed.

6

A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).

7

A temporary stop notice ceases to have effect—

a

at the end of the period of 28 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5); or

b

if the notice specifies a shorter period beginning with that day, at the end of that period.

8

But if the Welsh Ministers withdraw the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.

9

The Welsh Ministers may not issue a subsequent temporary stop notice in relation to the same works unless they have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1).

10

The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 9ZM.

9ZJTemporary stop notice: power of entry

A person duly authorised in writing by the Welsh Ministers may at any reasonable time enter any land for any of the following purposes?—

a

ascertaining whether a temporary stop notice should be served;

b

securing the display of a temporary stop notice or securing that it is affixed for the purposes of service in accordance with section 56(2)(b);

c

ascertaining whether a temporary stop notice has been complied with;

d

considering a claim for compensation under section 9ZL.

9ZKTemporary stop notice: offence

1

A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—

a

which has been served on the person; or

b

a copy of which has been displayed in accordance with section 9ZI(5).

2

An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.

3

In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

4

In proceedings against a person for an offence under this section, it is a defence for the person to prove—

a

that the works were urgently necessary in the interests of safety or health; and

b

that notice in writing of the need for the works was given to the Welsh Ministers as soon as reasonably practicable.

5

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

6

In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

9ZLTemporary stop notice: compensation

1

A person who, on the day when a temporary stop notice is first displayed in accordance with section 9ZI(5), has an interest in the monument or land concerned is, on making a claim to the Welsh Ministers within the prescribed time and manner, entitled to be paid compensation by them in respect of any loss or damage directly attributable to the effect of the notice.

2

But subsection (1) applies only if—

a

the works specified in the notice do not contravene section 2(1) or (6); or

b

the Welsh Ministers withdraw the notice other than following the grant of scheduled monument consent, after the day mentioned in subsection (1), which authorises the works.

3

The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.

4

No compensation is payable under this section in the case of loss or damage suffered by a claimant if—

a

the claimant was required to provide information under section 57, and

b

the loss or damage could have been avoided if the claimant had provided the information or otherwise co-operated with the Welsh Ministers when responding to the notice.

, or in relation to the power of entry under section 9ZJ of this Act where it is exercised for any of the purposes mentioned in paragraphs (a) to (c) of that section.

8A

In any proceedings for an offence under this section in relation to works within subsection (2)(a) or (c) which have been executed in relation to a scheduled monument situated in Wales or land in, on or under which there is such a scheduled monument, it is a defence for the accused to prove that, before executing the works or before causing or permitting their execution (as the case may be), the accused?—

a

had taken all reasonable steps to find out whether there was a scheduled monument in the area affected by the works; and

b

did not know, and had no reason to believe, that the monument was within the area affected by the works or (as the case may be) that it was a scheduled monument.

1A

A person who without lawful excuse destroys or damages a protected monument situated in Wales is guilty of an offence if the person—

a

knew or ought reasonably to have known that it was a protected monument; and

b

intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.

8

In proceedings for an offence under subsection (1) or (3) relating to a protected place situated in Wales, it is a defence for the accused to prove that the accused—

a

had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place; and

b

did not know, and had no reason to believe, that the place was a protected place.

Register of historic parks and gardens in Wales

41ARegister of historic parks and gardens in Wales

1

The Welsh Ministers must compile and maintain a register (to be known as “the register of historic parks and gardens”) of such of the following grounds in Wales as appear to them to be of special historic interest—

a

parks;

b

gardens;

c

designed ornamental landscapes;

d

places of recreation;

e

other designed grounds.

2

The Welsh Ministers must decide whether, or to what extent, it would be appropriate to include as part of the registration of grounds of a description referred to in subsection (1)—

a

any building or water on, or adjacent or contiguous to, those grounds; or

b

any land adjacent or contiguous to those grounds.

3

For the purpose of maintaining the register, the Welsh Ministers may from time to time modify it by—

a

adding an entry;

b

removing an entry; or

c

amending an entry.

4

As soon as reasonably practicable after including grounds in the register or modifying the register, the Welsh Ministers must inform—

a

the owner of the grounds in question;

b

if the owner is not the occupier, the occupier; and

c

each local authority or National Park authority in whose area the grounds are situated.

5

Where the Welsh Ministers include grounds in the register or modify the register under subsection (3)(a) or (c), the duty to inform under subsection (4) also includes a duty to send each of the persons concerned a copy of the entry or modified entry (as the case may be).

6

The Welsh Ministers must publish the up-to-date register in such manner as they think appropriate.

3A

Crown land may be included in the register of historic parks and gardens (see section 41A).

2A

The functions under this Act conferred on the Welsh Ministers by the Historic Environment (Wales) Act 2016 (as well as those already transferred to them) are exercisable in relation to Wales within the meaning of the Government of Wales Act 2006 (which includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea (see section 158(1) of that Act)).

2B

Accordingly, a monument is not to be treated by virtue of section 53(2) as being in Wales unless it is situated in Wales within the meaning of section 158(1) of the Government of Wales Act 2006.

ca

in a case where—

i

the notice or other document relates to a monument situated in Wales or land in Wales; and

ii

an address for service using electronic communications has been given by that person,

by sending it using an electronic communication, in accordance with the condition set out in subsection (1A); or

1A

The condition mentioned in subsection (1)(ca) is that the notice or document must be—

a

capable of being accessed by the person mentioned in that provision;

b

legible in all material respects; and

c

in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

3

In this section, “Wales” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) of that Act).

“address”, in relation to electronic communications, means a number or address used for the purposes of such communications;

“electronic communication” has the same meaning as in the Electronic Communications Act 2000;

2B

Where—

a

an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act; and

b

the communication is received by that person outside that person's business hours,

it is to be treated as having been received on the next working day; and in this subsection “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

7A

In subsection (7)(d) “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006.

2ADuty to consult on certain changes to lists

1

This section applies where the Welsh Ministers are proposing to—

a

include a building in a list compiled or approved under section 1; or

b

exclude a building from such a list.

2

The Welsh Ministers must—

a

serve a notice of the proposed inclusion or exclusion on the appropriate persons; and

b

invite those persons to submit written representations about the proposal.

3

The appropriate persons are—

a

the owner and occupier of the building;

b

the local planning authority in whose area the building is situated; and

c

such other persons or bodies of persons as appear to the Welsh Ministers appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

4

A notice under subsection (2) must—

a

specify the proposed inclusion or exclusion;

b

specify the period within which representations about the proposal may be made, which must be at least 28 days beginning with the date on which the notice is served; and

c

in the case of a proposed inclusion—

i

include a statement of the effect of section 2B; and

ii

specify the date on which interim protection takes effect under subsection (2) of that section.

5

The Welsh Ministers may by regulations amend subsection (3) by adding a description of person to the list of appropriate persons in that subsection; and where the Welsh Ministers do so, they may also make such amendments to this Act as they consider appropriate in consequence of the amendment to subsection (3).

2BInterim protection pending certain listing decisions

1

This section applies where the Welsh Ministers consult under section 2A on a proposal to include a building in a list compiled or approved under section 1.

2

The provisions of this Act (other than sections 47 to 51 and 59) and the principal Act have effect in relation to the building, from the beginning of the day specified in the notice for the purposes of section 2A(4)(c)(ii), as if the building were a listed building.

3

The protection conferred upon a building by virtue of subsection (2) is referred to in this Act as “interim protection”.

4

Interim protection conferred by virtue of subsection (2) ceases to have effect—

a

where the Welsh Ministers include the building in a list compiled or approved under section 1, from the beginning of the day specified in the notice for the purposes of section 2D(2)(b); and

b

where the Welsh Ministers decide not to include the building in such a list, from the beginning of the day specified in a notice issued to—

i

the owner and occupier of the building; and

ii

the local planning authority in whose area the building is situated.

5

The Welsh Ministers—

a

must publish by electronic means a list containing particulars of each building in relation to which interim protection has effect; and

b

must, on request, provide a copy of the notice served under section 2A(2) in respect of such a building.

2CProvisions applicable on lapse of interim protection

Schedule 1A has effect as respects the lapse of interim protection.

2DReview of certain listing decisions

1

This section applies where the Welsh Ministers include a building in a list compiled or approved under section 1.

2

As soon as possible after amending the list to include the building, the Welsh Ministers must serve on the owner and occupier of the building a notice which—

a

states that the Welsh Ministers have included the building in the list;

b

specifies the date on which the Welsh Ministers did so (and on which interim protection under section 2B(2) ceased to have effect); and

c

states that the owner or occupier may make an application to the Welsh Ministers requesting them to review their decision to do so.

3

Where an owner or occupier of the building makes such an application, the Welsh Ministers must—

a

carry out the review requested;

b

make a decision on the review; and

c

make such amendment to the list as they consider appropriate to give effect to that decision.

4

Except as provided in sections 62 and 63, the validity of a decision of the Welsh Ministers on the review is not to be questioned in any legal proceedings.

5

The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—

a

by means of a local inquiry;

b

by means of a hearing;

c

on the basis of written representations.

6

The Welsh Ministers must by regulations make provision about—

a

the grounds on which an application for a review under this section may be made;

b

the form and manner in which such an application must be made;

c

the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application; and

d

the period within which such an application must be made.

7

The Welsh Ministers may by regulations make further provision in connection with reviews under this section.

8

Schedule 1B applies to reviews under this section.

3A

In proceedings for an offence under this section in relation to a building on which interim protection is conferred (which is, as a result of section 2B(2), treated as a listed building)—

a

it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, that interim protection had been conferred on the building; and

b

where the defence is raised by a person on whom a notice should have been served under section 2A(2), it is for the prosecution to prove that the notice was served on that person.

28BCompensation for loss or damage caused by interim protection

1

This section applies where interim protection in respect of a building ceases to have effect as a result of the issue of a notice by the Welsh Ministers under section 2B(4)(b).

2

Any person who, at the time when the interim protection took effect, had an interest in the building is, on making a claim to the Welsh Ministers within the prescribed time and in the prescribed manner, entitled to be paid compensation by the Welsh Ministers in respect of any loss or damage directly attributable to the effect of the protection.

3

The loss or damage in respect of which compensation is payable under subsection (2) includes a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the interim protection having effect.

3ATemporary listing in Wales: building preservation notices

1

If it appears to a local planning authority in Wales that a building in their area which is not a listed building (and which is not treated as such by virtue of section 2B(2))—

a

is of special architectural or historic interest; and

b

is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

they may serve a notice on the owner and occupier of the building (in this Act referred to as a “building preservation notice”).

2

A building preservation notice under this section must—

a

state that the building appears to them to be of special architectural or historic interest and that they have requested the Welsh Ministers to consider including it in a list compiled or approved under section 1; and

b

explain the effect of subsections (3) to (5) and Schedule 2.

3

A building preservation notice under this section—

a

comes into force as soon as it has been served on both the owner and occupier of the building to which it relates; and

b

subject to subsection (4), remains in force for six months from the date when it is served or, as the case may be, last served.

4

A building preservation notice under this section ceases to be in force⁠—

a

if interim protection under section 2B(2) takes effect in relation to the building; or

b

if the Welsh Ministers notify the local planning authority in writing that they do not intend to consult under section 2A on a proposal to include the building in a list compiled or approved under section 1.

5

While a building preservation notice under this section is in force with respect to a building, the provisions of this Act (other than sections 47 to 51 and 59) and the principal Act have effect in relation to the building as if it were a listed building.

6

If, following the service of a building preservation notice under this section, interim protection under section 2B(2) takes effect in relation to the building, anything done by virtue of subsection (5) is to be treated as having been done by virtue of section 2B(2).

7

If, following the service of a building preservation notice under this section, the Welsh Ministers notify the local planning authority that they do not intend to consult under section 2A on a proposal to include the building in a list compiled or maintained under section 1, the authority must immediately give notice of that decision to the owner and occupier of the building.

8

Where such a notification is given by the Welsh Ministers, no further building preservation notice in respect of the building may be served by the local planning authority within the period of 12 months beginning with the date of the notification.

4

Subsection (5) applies where—

a

a building preservation notice was in force in respect of the building before interim protection took effect; and

b

the notice ceased to be in force by virtue of section 3A(4)(a).

5

In such a case—

a

the reference in subsection (2) to the time when the interim protection took effect is to be treated as a reference to the time when the building preservation notice came into force;

b

the reference in that subsection to loss or damage directly attributable to the effect of the interim protection is to be treated as including a reference to loss or damage directly attributable to the effect of the building preservation notice being in force; and

c

the reference in subsection (3) to the necessity of discontinuing or countermanding works on account of the interim protection having effect is to be treated as including a reference to the necessity of discontinuing or countermanding works on account of the building preservation notice being in force.

3A

As soon as possible after amending a list under section 1 to include or exclude a building which is situated in Wales, the Welsh Ministers—

a

must inform the local planning authority in whose area the building is situated of its inclusion or exclusion; and

b

in the case of an amendment to exclude a building, must serve a notice on every owner and occupier of the building, stating that the building has been excluded from the list.

3B

Section 2D makes provision about the further steps that the Welsh Ministers must take after amending a list under section 1 to include a building which is situated in Wales.

za

any decision on a review under section 2D;

6AIssue of certificate that building not intended to be listed: Wales

1

The Welsh Ministers may, on the application of any person, issue a certificate stating that the Welsh Ministers do not intend to list a building situated in Wales.

2

The issue of a certificate under subsection (1) in respect of a building?—

a

precludes the Welsh Ministers for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on them by section 1 or 2A; and

b

precludes the local planning authority for that period from serving a building preservation notice in relation to it.

3

Notice of an application under subsection (1) must be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Welsh Ministers.

Buildings in Wales: heritage partnership agreements

26LHeritage partnership agreements

1

A relevant local planning authority may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.

2

Any of the following may also be a party to an agreement made by a relevant local planning authority under this section (in addition to the owner and the authority)—

a

any other relevant local planning authority;

b

the Welsh Ministers;

c

any occupier of the listed building;

d

any person who has an interest in the listed building;

e

any person involved in the management of the listed building;

f

any other person who appears to the relevant planning authority appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.

3

The Welsh Ministers may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.

4

Any of the following may also be a party to an agreement made by the Welsh Ministers under this section (in addition to the owner and the Welsh Ministers)—

a

any relevant local planning authority;

b

any occupier of the listed building;

c

any person who has an interest in the listed building;

d

any person involved in the management of the listed building;

e

any other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.

5

An agreement under this section is referred to in this section and in section 26M as a “heritage partnership agreement”.

6

A heritage partnership agreement may contain provision—

a

granting listed building consent under section 8(1) in respect of specified works for the alteration or extension of the listed building to which the agreement relates; and

b

specifying any conditions to which the consent is subject.

7

The conditions to which listed building consent may be subject under subsection (6)(b) in respect of specified works are those that could be attached to listed building consent in respect of the works if consent were to be granted under section 16.

8

A heritage partnership agreement may also—

a

specify or describe works that would or would not, in the view of the parties to the agreement, affect the character of the listed building as a building of special architectural or historic interest;

b

make provision about the maintenance and preservation of the listed building;

c

make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the listed building;

d

provide for public access to the listed building and the provision to the public of associated facilities, information or services;

e

restrict access to, or use of, the listed building;

f

prohibit the doing of any specified thing in relation to the listed building;

g

provide for a relevant local planning authority or the Welsh Ministers to make payments of specified amounts and on specified terms—

i

for, or towards, the costs of any works provided for under the agreement; or

ii

in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

9

In this section “specified” means specified or described in the heritage partnership agreement.

10

In this section and in section 26M—

• “owner”, in relation to a listed building or part of such a building, means a person who is for the time being—

  1. a

     the estate owner in respect of the fee simple in the building or part; or

  2. b

     entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than 7 years remain unexpired;

• “relevant local planning authority”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.

26MHeritage partnership agreements: supplemental

1

A heritage partnership agreement—

a

must be in writing;

b

must make provision for the parties to review its terms at intervals specified in the agreement;

c

must make provision for its termination and variation; and

d

may contain incidental and consequential provision.

2

A heritage partnership agreement may relate to more than one listed building or part of such a building, provided that the following are parties to the agreement in each case—

a

a relevant local planning authority or the Welsh Ministers; and

b

an owner of the building or part.

3

The Welsh Ministers must by regulations make provision—

a

about the consultation that must take place before a heritage partnership agreement is made or varied;

b

about the publicity that must be given to a heritage partnership agreement before or after it is made or varied;

c

specifying terms that must be included in a heritage partnership agreement;

d

enabling the Welsh Ministers to terminate by order a heritage partnership agreement or any provision of such an agreement; and

e

enabling any local planning authority who is a party to the heritage partnership agreement to terminate the agreement, or any provision of the agreement, by order.

4

Regulations under subsection (3)(d) or (e) may specify the provision that may be included in orders made by virtue of those paragraphs, including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision.

5

The Welsh Ministers may by regulations make provision—

a

disapplying, or applying or reproducing with or without modifications, any provision of sections 10 to 13, 15 to 26, 28, and 38 to 46 for the purposes of heritage partnership agreements;

b

providing for any of the following, as they apply for the purposes of provisions mentioned in paragraph (a), to apply with any modifications consequential on provision made under that paragraph—

i

sections 30 to 37;

ii

sections 62 and 63;

iii

Parts 3 and 4;

iv

Schedule 3.

6

A heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not a party to the agreement (and, accordingly, listed building consent granted by such an agreement enures only for the benefit of the parties to the agreement).

44BTemporary stop notices

1

This section applies where it appears to a local planning authority in Wales that—

a

works have been or are being executed to a listed building in their area; and

b

the works are such as to involve a contravention of section 9(1) or (2).

2

The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works are stopped immediately (or that part of them is).

3

A temporary stop notice must be in writing and must—

a

specify the works in question;

b

prohibit execution of the works (or so much of them as is specified in the notice);

c

set out the authority's reasons for issuing the notice; and

d

include a statement of the effect of section 44C.

4

A temporary stop notice may be served on a person who appears to the authority—

a

to be executing the works or causing them to be executed; or

b

to have an interest in the building.

5

The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed.

6

A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).

7

A temporary notice ceases to have effect—

a

at the end of the period of 28 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5); or

b

if the notice specifies a shorter period beginning with that day, at the end of that period.

8

But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.

9

A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b).

10

The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A.

11

A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Welsh Ministers may by regulations prescribe.

44CTemporary stop notices: offence

1

A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—

a

which has been served on the person; or

b

a copy of which has been displayed in accordance with section 44B(5).

2

An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.

3

In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

4

In proceedings against a person for an offence under this section, it is also a defence for the person to show—

a

that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

b

that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

c

that the works carried out were limited to the minimum measures immediately necessary; and

d

that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

5

A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

6

In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

44DTemporary stop notices: compensation

1

A person who, on the day when a temporary stop notice is first displayed in accordance with section 44B(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

2

But subsection (1) applies only if—

a

the works specified in the notice are not such as to involve a contravention of section 9(1) or (2); or

b

the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works.

3

The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.

4

No compensation is payable under this section in the case of loss or damage suffered by a claimant if—

a

the claimant was required to provide information under a relevant provision; and

b

the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice.

5

In subsection (4)(a), each of the following is a relevant provision—

a

section 16 of the Local Government (Miscellaneous Provisions) Act 1976;

b

section 330 of the principal Act.

fa

section 44C;

3A

Any person duly authorised in writing by a local planning authority in Wales may at any reasonable time enter any land for any of the following purposes—

a

securing the display of a temporary stop notice (see section 44B);

b

ascertaining whether a temporary stop notice is being complied with;

c

considering any claim for compensation under section 44D.

1A

Subsection (1) does not apply to a person authorised under section 88(3A) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.

4A

If, in the case of a building in Wales, the whole or part of the building is in residential use, works may be carried out only where they would not interfere unreasonably with that use.

5A

Where the works are to be executed to a building in Wales the whole or part of which is in residential use, the occupier of the building must also be given not less than seven days' notice in writing of the intention to carry out the works.

5A

Where the Welsh Ministers make a determination under subsection (4), the owner of the building or (if it is given notice under subsection (5)) the local authority may, within 28 days of the service of the notice under subsection (5), appeal to the county court against the decision.

5B

In the case of a building in Wales, as from the time when the notice under subsection (2) becomes operative, the expenses which an authority may recover under this section carry interest at such rate as the Welsh Ministers may prescribe by order until recovery of all sums due under this section; and the expenses and any interest are recoverable by the authority as a debt.

5C

As from that time, the expenses and any interest are, until recovery, a charge on the land on which the building stands.

5D

The charge takes effect at that time as a legal charge which is a local land charge.

5E

For the purpose of enforcing the charge, the authority have the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

5F

The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.

5G

For the purposes of subsections (5B) to (5F), the notice becomes operative—

a

where no representations are made under subsection (4) within the period referred to in that subsection, at the end of that period;

b

where representations are made as mentioned in paragraph (a) but no appeal against the determination under subsection (4) is made under subsection (5A) within the period referred to in that subsection, at the end of that period;

c

where an appeal is made as mentioned in paragraph (b) and the decision on the appeal confirms the determination under subsection (4) (with or without variation), at the time of the decision;

d

where an appeal is made as mentioned in paragraph (b) but is withdrawn, at the time of the withdrawal.

3

Where an appointed person is a member of the staff of the Welsh Government, the functions of determining an appeal and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2005 as functions of the Welsh Government.