Historic Environment (Wales) Act 2023

149 Recovery of grant made by local authority E+W

(1) This section applies where a relevant local authority makes a grant under section 148.

(2) If any condition imposed on the making of the grant is not complied with, the authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(3) Subsections (4) and (5) apply if, during the 3 years beginning with the day the grant is made—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or garden to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(4) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the relevant local authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(5) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the authority may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(6) A relevant local authority may not recover amounts under this section which in aggregate exceed the amount of the grant.

(7) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Commencement Information

I1 S. 149 not in force at Royal Assent, see s. 212(2)

I2 S. 149 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)