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Historic Environment (Wales) Act 2023
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- Acts of Senedd Cymru
- 2023 asc 3
- SCHEDULE 10
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Historic Environment (Wales) Act 2023, SCHEDULE 10 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
(introduced by section 115(5))
SCHEDULE 10E+WPROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS
This schedule has no associated Explanatory Notes
PART 1E+WORDERS MADE BY PLANNING AUTHORITIES
Requirement for confirmation by Welsh MinistersE+W
1(1)An order under section 115 made by a planning authority does not take effect unless it is confirmed by the Welsh Ministers.
(2)Where a planning authority submits an order to the Welsh Ministers for confirmation, it must serve notice of the submission of the order on—
(a)the other parties to the listed building partnership agreement,
(b)any other person occupying the listed building, or the part of a listed building, to which the agreement relates under a lease granted or extended for a fixed term that has at least 2 years left to run, and
(c)any other person the authority thinks will be affected by the order.
(3)The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.
(4)If a person on whom the notice is served makes such a request within that period, before confirming the order the Welsh Ministers must give such an opportunity to that person and each planning authority that is a party to the listed building partnership agreement.
(5)The period specified under sub-paragraph (3) must be at least 28 days beginning with the day after the day the notice is served.
(6)The Welsh Ministers may confirm the order with or without modifications.
Commencement Information
I1Sch. 10 para. 1 not in force at Royal Assent, see s. 212(2)
I2Sch. 10 para. 1 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)
PART 2E+WORDERS MADE BY THE WELSH MINISTERS
Procedure to be followed before making orderE+W
2(1)Before making an order under section 115, the Welsh Ministers must serve notice of the proposed order on—
(a)the parties to the listed building partnership agreement (or if the Welsh Ministers are a party to the agreement, the other parties to it),
(b)any other person occupying the listed building, or the part of a listed building, to which the agreement relates under a lease granted or extended for a fixed term that has at least 2 years left to run, and
(c)any other person the Welsh Ministers think will be affected by the order.
(2)The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.
(3)If a person on whom the notice is served makes such a request within that period, before making the order the Welsh Ministers must give such an opportunity to that person and any planning authority that is a party to the listed building partnership agreement.
(4)The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice is served.
Commencement Information
I3Sch. 10 para. 2 not in force at Royal Assent, see s. 212(2)
I4Sch. 10 para. 2 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)
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