Historic Environment (Wales) Act 2016

PART 4 E+W MISCELLANEOUS

Historic place names E+W

34 List of historic place names E+W

The Welsh Ministers must compile and maintain a list of historic place names in Wales.

Commencement Information

I1 S. 34 in force at 8.5.2017 by S.I. 2017/633, art. 3

Historic environment records E+W

35 Historic environment records E+W

(1) The Welsh Ministers must compile and keep up to date a historic environment record for each local authority area in Wales.

(2) A historic environment record is a record which provides—

(a) details of every building in the authority's area which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9),

(b) details of every conservation area in the authority's area which is designated under section 69 of that Act,

(c) details of every monument in the authority's area which is included in the Schedule compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46),

(d) details of each of the grounds in the authority's area which are included in the register of historic parks and gardens compiled and maintained under section 41A of that Act,

(e) details of every conflict site in the authority's area which the Welsh Ministers consider to be of historic interest,

(f) where a public authority (whether by itself or jointly with other persons) maintains a list of historic landscapes in Wales, details of every historic landscape in the local authority's area which is included in the list,

(g) details of every world heritage site in the authority's area,

(h) details of every other area or site or other place in the authority's area which the authority or the Welsh Ministers consider to be of local historic, archaeological or architectural interest,

(i) information about the way in which the historic, archaeological or architectural development of the authority's area, or any part of it, has contributed to the present character of the area or part and about how that character may be preserved,

(j) details of relevant investigations carried out in the authority's area and of the findings of those investigations, and

(k) a means of accessing details of every historic place name in the authority's area which is included in the list compiled and maintained under section 34.

(3) In subsection (2)(e), “conflict site” means—

(a) a battlefield or a site on which some other conflict involving military forces took place, or

(b) a site on which significant activities relating to a battle or other such conflict as is mentioned in paragraph (a) occurred.

(4) In subsection (2)(f), “public authority” means a person certain of whose functions are functions of a public nature.

(5) In subsection (2)(g), “world heritage site” means a site or other place or other thing which is cultural heritage or natural heritage within the meaning of the World Heritage Convention and is included in the World Heritage List mentioned in Article 11 of that Convention.

(6) In subsection (5), “the World Heritage Convention” means the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.

(7) In subsection (2)(h), the reference to a local authority's area includes, in the case of an authority whose area includes part of the seashore, a reference to any part of the territorial sea that lies seawards from that part of the shore and forms part of Wales (within the meaning given by the Government of Wales Act 2006 (c.32)).

(8) In subsection (2)(j), “relevant investigation”, in relation to a local authority's area, means —

(a) an investigation by the authority or the Welsh Ministers for the purpose of obtaining information of historic, archaeological or architectural interest relating to the area, and

(b) any other investigation for that purpose which the Welsh Ministers consider appropriate to include in the record.

(9) The Welsh Ministers may by regulations amend this section so as to vary the meaning of “historic environment record”.

(10) Before making regulations under subsection (9), the Welsh Ministers must consult—

(a) each local authority in Wales, and

(b) such other persons as the Welsh Ministers consider appropriate.

(11) For the purposes of this section, an area or site or other place or other thing is to be regarded as being in a local authority's area if any part of it is in the area.

(12) In this section and in section 37, “local authority” means a county council or a county borough council.

Commencement Information

I2 S. 35 in force at 31.5.2017 by S.I. 2017/633, art. 4(d)

36 Access to historic environment records E+W

(1) The Welsh Ministers—

(a) must make each historic environment record available for public inspection in such manner as they consider appropriate;

(b) must, where a person requests a copy of part of a historic environment record or details accessed by means of such a record, and it appears to the Welsh Ministers that the request is reasonable, provide the person with a copy of that part of the record or those details;

(c) must make available to a person wishing to inspect a historic environment record advice on or assistance with retrieving and understanding information provided in the record or accessed by means of the record;

(d) must, where a person requests the retrieval of information provided in a historic environment record or accessed by means of such a record and it appears to the Welsh Ministers that the request is reasonable, compile for the person a document containing the information.

(2) In assessing for the purposes of subsection (1)(b) or (d) whether a request is reasonable, the matters which the Welsh Ministers may take into account include any previous such requests made by or on behalf of the person concerned.

(3) The Welsh Ministers may charge a fee for—

(a) providing a copy or details under subsection (1)(b);

(b) providing advice or assistance under subsection (1)(c);

(c) compiling a document under subsection (1)(d).

(4) A fee charged under subsection (3) must be calculated by reference to the cost of providing the service to which the fee relates.

Commencement Information

I3 S. 36 in force at 31.5.2017 by S.I. 2017/633, art. 4(d)

37 Guidance E+W

(1) The Welsh Ministers must issue guidance to the bodies listed in subsection (2) on—

(a) the manner in which the bodies may contribute to the compilation of historic environment records and assist in keeping them up to date, and

(b) the use of historic environment records in the exercise of the bodies' functions.

(2) The bodies are—

(a) local authorities in Wales;

(b) National Park authorities in Wales;

(c) Natural Resources Wales.

(3) The bodies listed in subsection (2) must have regard to guidance issued under this section.

(4) Before issuing guidance under this section, the Welsh Ministers must consult—

(a) the bodies listed in subsection (2), and

(b) such other persons as the Welsh Ministers consider appropriate.

(5) The Welsh Ministers must lay before the National Assembly for Wales any guidance issued under this section.

Commencement Information

I4 S. 37 in force at 31.5.2017 by S.I. 2017/633, art. 4(d)

Prospective

Advisory Panel for the Welsh Historic Environment E+W

38 Establishment of Panel and work programme E+W

(1) The Welsh Ministers must establish a panel of persons, to be known as the Advisory Panel for the Welsh Historic Environment (“the Panel”).

(2) The purpose of the Panel is to provide the Welsh Ministers with advice on matters relating to the formulation, development and implementation of policy and strategy in relation to the historic environment in Wales; and for this purpose “Wales” has the same meaning as in the Government of Wales Act 2006 (c.32) (see section 158(1) of that Act).

(3) The Panel must, before each relevant financial year, publish a document (the “work programme”) setting out the matters on which it plans to provide the Welsh Ministers with advice during the period of three years comprising that financial year and the two subsequent financial years.

(4) “Financial year” means the period of 12 months ending with 31 March; and “relevant financial year” means—

(a) the first financial year to begin after the commencement of subsection (3), and

(b) each third financial year afterwards.

(5) The Panel must keep the work programme under review and may amend it in light of doing so; and where the Panel amends the work programme, it must publish it as amended.

(6) Before publishing the work programme under subsection (3) or (5), the Panel must submit a draft of it to the Welsh Ministers; but the requirement to submit a draft amended under subsection (5) applies only in so far as the Panel considers the amendments significant.

(7) The Welsh Ministers, having received a draft under subsection (6), may approve the draft with or without modifications.

(8) The Panel must, at the end of each financial year, publish a document setting out the matters in the work programme on which it has provided the Welsh Ministers with advice during that financial year.

39 Constitution etc E+W

(1) The members of the Advisory Panel for the Welsh Historic Environment are to be appointed on such terms and conditions as the Welsh Ministers determine.

(2) The membership of the Panel must not exceed 15 persons.

(3) The Panel is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(4) The validity of an act of the Panel is not affected by a vacancy among its members.

(5) The Welsh Ministers may pay a member of the Panel such fees, allowances or expenses as the Welsh Ministers may determine.

(6) The Welsh Ministers may provide such staff, accommodation or other facilities as the Welsh Ministers may consider necessary to enable the Panel to carry out its functions.

(7) A person is disqualified from membership of the Panel if the person is—

(a) a member of the National Assembly for Wales,

(b) a member of the House of Commons or the House of Lords,

(c) a member of the Scottish Parliament,

(d) a member of the Northern Ireland Assembly,

(e) a member of the European Parliament,

(f) a member of a county council or county borough council in Wales,

(g) a member of a National Park authority in Wales, or

(h) a member of staff of an organisation specified in regulations made by the Welsh Ministers.

(8) Accordingly, a disqualified person may not be appointed as a member of the Panel; and a person appointed as such who becomes disqualified ceases to be a member.

(9) The Welsh Ministers may dismiss a member of the Panel if satisfied that the member—

(a) is unfit to continue as a member,

(b) is unable or unwilling to act as a member, or

(c) has brought the Panel into disrepute.

(10) A member of the Panel may resign by giving not less than three months' notice in writing to the Welsh Ministers.