Historic Environment (Wales) Act 2023

PART 2 E+W PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

Making an order under section 20 E+W

3 (1) This paragraph applies where a notice under paragraph 1 has been served under Part 1 of this Schedule.

(2) The Welsh Ministers may not make the order to which the notice relates unless—

(a) the period for making objections to the proposal has ended without an objection being made by a person on whom the notice was served,

(b) if an objection was made by such a person within that period, all such objections have been withdrawn, or

(c) if an objection was made during that period by such a person and the objection has not been withdrawn, the requirements of sub-paragraphs (3) and (4) have been met.

(3) The requirements of this sub-paragraph are met if the Welsh Ministers—

(a) cause a local inquiry to be held, or

(b) give the person who made the objection an opportunity to appear before and be heard by a person appointed by them.

(4) The requirements of this sub-paragraph are met if the Welsh Ministers—

(a) consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and

(b) if an inquiry or hearing has been held under sub-paragraph (3), consider the report of the person who held it.

(5) Where a person takes the opportunity to appear before and be heard by a person appointed by the Welsh Ministers under sub-paragraph (3)(b), the Welsh Ministers must give each of the following persons the opportunity to be heard on the same occasion—

(a) every other person on whom the notice under paragraph 1 was served, and

(b) any other person the Welsh Ministers consider appropriate.

(6) Where the Welsh Ministers make an order under section 20 by virtue of sub-paragraph (2)(a) or (b), the order must be made on the terms set out by the notice.

(7) Where the Welsh Ministers make an order under section 20 by virtue of sub-paragraph (2)(c), the order may be made either on the terms set out in the notice or with‍ modifications.

Commencement Information

I1 Sch. 4 para. 3 not in force at Royal Assent, see s. 212(2)

I2 Sch. 4 para. 3 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)

Notification once order made E+W

4 As soon as practicable after making an order under section 20 the Welsh Ministers must send a copy of the order—

(a) to every person served with a notice under paragraph 1, and

(b) where—

(i) an inquiry was held under paragraph 3(3)(a), to any other person who gave evidence at the inquiry, or

(ii) a hearing was held for the purposes of paragraph 3(3)(b), to any other person who was given the opportunity to appear at the hearing.

Commencement Information

I3 Sch. 4 para. 4 not in force at Royal Assent, see s. 212(2)

I4 Sch. 4 para. 4 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)