Historic Environment (Wales) Act 2023

26 Further provision about scheduled monument partnership agreements E+W

(1) A scheduled monument partnership agreement must be in writing.

(2) A scheduled monument partnership agreement must—

(a) identify the monument or associated land to which it relates;

(b) describe any works to which it relates;

(c) specify the date on which it takes effect and its duration;

(d) make provision for the parties to review the terms of the agreement at intervals specified in it;

(e) make provision for its variation (but this is subject to regulations made under subsection (5));

(f) make provision for its termination (but this is subject to section 27).

(3) A scheduled monument partnership agreement may contain incidental and consequential provision.

(4) The Welsh Ministers may by regulations specify other terms that must be included in a scheduled monument partnership agreement.

(5) The Welsh Ministers must by regulations make provision about—

(a) the consultation that must take place before a scheduled monument partnership agreement is made or varied;

(b) the publicity that must be given to a scheduled monument partnership agreement before or after it is made or varied.

(6) Regulations under subsection (5)(a) must require the Welsh Ministers to consult the following persons before making a scheduled monument partnership agreement—

(a) every owner and occupier of the monument or associated land to which the proposed agreement relates;

(b) every local authority in whose area the monument or associated land is situated;

(c) any local authority which by virtue of Chapter 6 is a guardian of the monument or associated land.

(7) A scheduled monument partnership agreement may not impose any obligation or liability, or confer any right, on a person who is not a party to the agreement; and scheduled monument consent granted by such an agreement has effect only for the benefit of the parties to it.

(8) The Welsh Ministers may by regulations disapply, apply or reproduce with or without modifications, any provision of this Part for the purposes of scheduled monument partnership agreements.

Commencement Information

I1 S. 26 not in force at Royal Assent, see s. 212(2)

I2 S. 26(1)-(4), (7)(8) in force at 4.11.2024 by S.I. 2024/860, art. 3(a)

I3 S. 26(5)(6) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(b)