Historic Environment (Wales) Act 2023

1. Introductory Text

2. PART 1 OVERVIEW

   1. 1. Overview

3. PART 2 MONUMENTS OF SPECIAL HISTORIC INTEREST

   1. CHAPTER 1 KEY TERMS

      1. 2. Meaning of “monument” and “site of monument”

   2. CHAPTER 2 SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE

      1. Schedule of monuments

         1. 3. Duty to maintain and publish schedule of monuments

         2. 4. Notification of owner etc. where the schedule is amended

      2. Proposals to add or remove monument to or from the schedule: consultation and interim protection

         1. 5. Consultation before adding or removing monument to or from the schedule

         2. 6. Interim protection pending decision on certain amendments relating to the schedule

         3. 7. When interim protection ends

         4. 8. Compensation for loss or damage caused by interim protection

      3. Review of decisions to amend schedule to add monuments etc.

         1. 9. Review of decision to add monument to the schedule etc.

         2. 10. Supplementary provision about reviews

   3. CHAPTER 3 CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS

      1. Authorisation of works

         1. 11. Requirement for works to be authorised

         2. 12. Authorisation of classes of works

         3. 13. Authorisation of works by scheduled monument consent

      2. Applications for scheduled monument consent

         1. 14. Applying for scheduled monument consent

         2. 15. Declarations of ownership in respect of monument

         3. 16. Power to refuse to consider similar applications

      3. Determining applications for scheduled monument consent

         1. 17. Procedure for determining applications and effect of grant of consent

      4. Grant of scheduled monument consent subject to conditions

         1. 18. Power to grant consent subject to conditions

         2. 19. Condition about period within which works must start

      5. Modification and revocation of scheduled monument consent

         1. 20. Modification and revocation of consent

      6. Compensation

         1. 21. Compensation for refusal of scheduled monument consent or grant of consent subject to conditions

         2. 22. Recovery of compensation paid under section 21 on subsequent grant of consent

         3. 23. Determination of amount recoverable under section 22

         4. 24. Compensation where works affecting a scheduled monument cease to be authorised

   4. CHAPTER 4 SCHEDULED MONUMENT PARTNERSHIP AGREEMENTS

      1. 25. Scheduled monument partnership agreements

      2. 26. Further provision about scheduled monument partnership agreements

      3. 27. Termination of agreement or provision of agreement

      4. 28. Compensation in relation to termination

      5. 29. Interpretation

   5. CHAPTER 5 ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

      1. Offences relating to unauthorised works

         1. 30. Offence of carrying out unauthorised works or breaching condition of consent

      2. Temporary stop notices

         1. 31. Power of Welsh Ministers to issue temporary stop notice

         2. 32. Duration etc. of temporary stop notice

         3. 33. Offence of breaching temporary stop notice

         4. 34. Compensation for loss or damage caused by temporary stop notice

      3. Enforcement notices

         1. 35. Power of Welsh Ministers to issue enforcement notice

         2. 36. Service and taking effect of enforcement notice

         3. 37. Variation and withdrawal of enforcement notice

         4. 38. Effect of granting scheduled monument consent on enforcement notice

         5. 39. Appeal against enforcement notice

         6. 40. Powers to enter land and take steps required by enforcement notice

         7. 41. Offence of failing to comply with enforcement notice

      4. Injunctions

         1. 42. Injunction to restrain unauthorised works or failure to comply with condition of consent

   6. CHAPTER 6 ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS

      1. Acquisition of monuments of special historic interest

         1. 43. Compulsory acquisition of monuments of special historic interest

         2. 44. Acquisition by agreement or gift of monuments of special historic interest

      2. Guardianship of monuments of special historic interest

         1. 45. Power to place monument of special historic interest under guardianship

         2. 46. Supplementary provision about guardianship deeds

         3. 47. General functions of guardians

         4. 48. Termination of guardianship

      3. Acquisition and guardianship of land in the vicinity of a monument of special historic interest etc.

         1. 49. Acquisition and guardianship of land in the vicinity of a monument

         2. 50. Acquisition of easements and other similar rights over land in the vicinity of a monument

      4. Agreements with occupiers of monuments or adjoining etc. land

         1. 51. Agreements concerning management of monuments of special historic interest and land in their vicinity

      5. Powers of limited owners

         1. 52. Powers of limited owners for purposes of sections 45, 50 and 51

      6. Transfer of ownership or guardianship and disposal of land

         1. 53. Transfer of monuments of special historic interest between local authorities and the Welsh Ministers

         2. 54. Disposal of land acquired under this Chapter

      7. Public access to monuments under public control

         1. 55. Public access to monuments under public control

         2. 56. Power to make regulations and byelaws in connection with public access to monuments under public control

         3. 57. Provision of facilities for the public in connection with monuments of special historic interest

   7. CHAPTER 7 GENERAL

      1. Damage to monuments

         1. 58. Offence of damaging certain monuments of special historic interest

         2. 59. Compensation orders for damage to monuments under guardianship

         3. 60. Restrictions on use of metal detectors

      2. Urgent works for preservation of scheduled monument

         1. 61. Works for preservation of scheduled monument in cases of urgency

      3. Expenditure and advice in relation to monuments

         1. 62. Expenditure on acquisition and preservation of monuments of special historic interest etc.

         2. 63. Advice and supervision of work by Welsh Ministers

         3. 64. Expenditure by local authorities on archaeological investigation

      4. Powers of entry

         1. 65. Powers of entry for inspection of scheduled monuments etc.

         2. 66. Powers of entry relating to enforcement of controls on works

         3. 67. Power of entry on land believed to contain monument of special historic interest

         4. 68. Power of entry for survey and valuation in connection with claim for compensation

         5. 69. Supplementary provision about powers of entry under this Part

         6. 70. Compensation for damage caused by exercise of certain powers under this Part

         7. 71. Treatment and preservation of finds

      5. Supplementary

         1. 72. Validity of certain decisions and orders under this Part

         2. 73. Application to High Court for statutory review of decision or order

         3. 74. Crown land

         4. 75. Interpretation of this Part

4. PART 3 BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

   1. CHAPTER 1 LISTING BUILDINGS OF SPECIAL INTEREST

      1. List of buildings

         1. 76. Duty to maintain and publish list of buildings

         2. 77. Notification of listing or de-listing of building

      2. Proposals to list and de-list buildings: consultation and interim protection

         1. 78. Consultation before listing or de-listing building

         2. 79. Interim protection pending decision whether to list building

         3. 80. Compensation for loss or damage caused by interim protection

      3. Review of listing decisions

         1. 81. Review of decision to list building

         2. 82. Supplementary provision about reviews

      4. Temporary listing

         1. 83. Service of temporary listing notice

         2. 84. Temporary listing in urgent cases

         3. 85. End of temporary listing

         4. 86. Compensation for loss or damage caused by temporary listing

      5. Buildings not intended to be listed

         1. 87. Certificate that Welsh Ministers do not intend to list building

   2. CHAPTER 2 CONTROL OF WORKS AFFECTING LISTED BUILDINGS

      1. Authorisation of works

         1. 88. Requirement for works to be authorised

         2. 89. Authorisation of works by listed building consent

      2. Applications for listed building consent

         1. 90. Applying for listed building consent

         2. 91. Notice of application to owners of building

      3. Dealing with applications for consent

         1. 92. Procedure for dealing with application

         2. 93. Power to refuse to consider similar applications

         3. 94. Reference of application to Welsh Ministers

         4. 95. Notification to Welsh Ministers before granting consent

         5. 96. Grant or refusal of consent

      4. Grant of listed building consent subject to conditions

         1. 97. Power to grant consent subject to conditions

         2. 98. Condition about period within which works must start

         3. 99. Application for variation or removal of conditions

      5. Appeals to the Welsh Ministers

         1. 100. Right to appeal against planning authority decision or failure to make decision

         2. 101. Procedure for making appeal

         3. 102. Restriction on varying application after service of notice of appeal

         4. 103. Decision on application after service of notice of appeal

         5. 104. Determination of appeal

      6. Special cases

         1. 105. Applications by planning authorities and the Crown

         2. 106. Applications relating to urgent works on Crown land

      7. Modification and revocation of listed building consent

         1. 107. Modification and revocation of consent

         2. 108. Compensation where consent is modified or revoked

      8. Right of owner of listed building to require purchase of interest

         1. 109. Purchase notice where consent is refused, granted subject to conditions, modified or revoked

         2. 110. Purchase notice in respect of Crown land

         3. 111. Further provision about service of purchase notice

         4. 112. Action following service of purchase notice

   3. CHAPTER 3 LISTED BUILDING PARTNERSHIP AGREEMENTS

      1. 113. Listed building partnership agreements

      2. 114. Further provision about listed building partnership agreements

      3. 115. Termination of agreement or provision of agreement

      4. 116. Compensation where agreement or provision is terminated

   4. CHAPTER 4 ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

      1. Unauthorised works and intentional damage: offences

         1. 117. Offence of carrying out unauthorised works or breaching condition of consent

         2. 118. Offence of intentionally damaging listed building

      2. Temporary stop notices

         1. 119. Power of planning authority to issue temporary stop notice

         2. 120. Duration etc. of temporary stop notice

         3. 121. Offence of breaching temporary stop notice

         4. 122. Compensation for loss or damage caused by temporary stop notice

      3. Enforcement notices issued by planning authorities

         1. 123. Power of planning authority to issue enforcement notice

         2. 124. Service and taking effect of enforcement notice

         3. 125. Variation and withdrawal of enforcement notice

         4. 126. Effect of granting listed building consent on enforcement notice

      4. Appeals and other proceedings relating to enforcement notices

         1. 127. Right to appeal against enforcement notice

         2. 128. Determination of appeal

         3. 129. Grounds for appeal not to be raised in other proceedings

      5. Compliance with enforcement notices

         1. 130. Order to permit steps required by enforcement notice

         2. 131. Power to enter land and take steps required by enforcement notice

         3. 132. Recovery of costs of compliance with enforcement notice

         4. 133. Offence of failing to comply with enforcement notice

      6. Enforcement notices issued by Welsh Ministers

         1. 134. Power of Welsh Ministers to issue enforcement notice

      7. Injunctions

         1. 135. Injunction to restrain unauthorised works or failure to comply with condition of consent

   5. CHAPTER 5 ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

      1. Acquisition by agreement of buildings of special interest

         1. 136. Power of planning authority to acquire building by agreement

      2. Compulsory acquisition of listed buildings in need of repair

         1. 137. Powers to acquire listed building compulsorily for purpose of preservation

         2. 138. Requirement to serve repairs notice before starting compulsory acquisition

         3. 139. Application to stop compulsory acquisition

         4. 140. Direction for minimum compensation where building deliberately allowed to fall into disrepair

         5. 141. Application for removal of direction for minimum compensation

         6. 142. Ending of rights over land acquired compulsorily

      3. Management, use and disposal of buildings

         1. 143. Management, use and disposal of building acquired under this Chapter

      4. Urgent preservation of listed buildings

         1. 144. Urgent works to preserve listed building

         2. 145. Power to require owner to meet costs of preservation works

         3. 146. Further provision about recovery of costs of preservation works

      5. Further provision about preservation of listed buildings

         1. 147. Steps for preservation of listed buildings in disrepair

      6. Finance for repair and maintenance of buildings of special interest etc.

         1. 148. Grant or loan by local authority for repair or maintenance of building

         2. 149. Recovery of grant made by local authority

         3. 150. Grant by Welsh Ministers for repair or maintenance of building, garden etc.

         4. 151. Acceptance by Welsh Ministers of endowment for upkeep of building

   6. CHAPTER 6 GENERAL

      1. Powers of entry

         1. 152. Powers to enter land

         2. 153. Exercise of power to enter land without warrant

         3. 154. Warrant to enter land

         4. 155. Supplementary provision about powers of entry

      2. Supplementary

         1. 156. Exempt religious buildings

         2. 157. Interpretation of this Part

5. PART 4 CONSERVATION AREAS

   1. Designation of conservation areas

      1. 158. Designating areas of special architectural or historic interest as conservation areas

   2. Duties relating to conservation areas

      1. 159. Duty to formulate and publish proposals for preservation and enhancement of conservation areas

      2. 160. Exercise of planning functions: general duty relating to conservation areas

   3. Control of demolition in conservation areas

      1. 161. Requirement for demolition to be authorised

      2. 162. Authorisation of demolition by conservation area consent

      3. 163. Application of Part 3 to conservation areas

   4. Urgent preservation of buildings in conservation areas

      1. 164. Urgent works to preserve buildings in conservation areas

   5. Grants and conservation area agreements

      1. 165. Grant by Welsh Ministers for preservation or enhancement of conservation areas

      2. 166. Conservation area agreements

6. PART 5 SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS

   1. CHAPTER 1 EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

      1. 167. Fees and charges for exercising functions

      2. 168. Arrangements for exercising functions in relation to applications

      3. 169. Arrangements for obtaining specialist advice

      4. 170. Form of documents

      5. 171. Contributions towards expenditure by local authorities

   2. CHAPTER 2 PROCEEDINGS BEFORE THE WELSH MINISTERS

      1. Procedural provisions applying to appeals to Welsh Ministers

         1. 172. Fees for appeals

         2. 173. Determination of appeal by appointed person

      2. Procedural provisions applying to appeals and other proceedings before Welsh Ministers

         1. 174. Choice of inquiry, hearing or written procedure

         2. 175. Procedural requirements

      3. Local inquiries

         1. 176. Power of Welsh Ministers to hold local inquiry

         2. 177. Power of person holding inquiry to require evidence

         3. 178. Access to evidence at inquiry

         4. 179. Payment of appointed representative where access to evidence restricted

      4. Costs of proceedings before Welsh Ministers

         1. 180. Payment of costs of Welsh Ministers

         2. 181. Orders relating to costs of parties

   3. CHAPTER 3 VALIDITY AND CORRECTION OF DECISIONS

      1. Validity of decisions and orders

         1. 182. Validity of certain decisions and orders relating to buildings

         2. 183. Application to High Court for statutory review of decision or order

         3. 184. Appeal to High Court against decision relating to enforcement notice

      2. Correction of decisions of Welsh Ministers

         1. 185. Meaning of “decision document” and “correctable error”

         2. 186. Power to correct correctable errors in decision documents

         3. 187. Effect and validity of correction notice

   4. CHAPTER 4 GENERAL

      1. The Crown

         1. 188. Representation of Crown and Duchy interests in land

         2. 189. Service of documents on the Crown

         3. 190. Enforcement steps in relation to Crown land

      2. Interpretation

         1. 191. Meaning of “local authority” in this Part

7. PART 6 OTHER HERITAGE ASSETS AND RECORDS

   1. Historic parks and gardens

      1. 192. Duty to maintain and publish register of historic parks and gardens

   2. Historic place names

      1. 193. Duty to maintain and publish list of historic place names

   3. Historic environment records

      1. 194. Duty to maintain historic environment records

      2. 195. Access to historic environment records

      3. 196. Guidance to certain public bodies about historic environment records

8. PART 7 GENERAL

   1. Powers to require information about interests in land

      1. 197. Power to require information by notice

      2. 198. Offences in connection with section 197

      3. 199. Information about interests in Crown land

   2. Offences

      1. 200. Offences by bodies corporate

      2. 201. Civil sanctions

   3. Compensation

      1. 202. Making claims for compensation

      2. 203. Determination of compensation claims by Upper Tribunal

      3. 204. Compensation for depreciation of value of land

   4. Service of documents

      1. 205. Service of notices and other documents: general

      2. 206. Additional provision about service on persons interested in or occupying land

   5. Special cases

      1. 207. Definitions relating to the Crown

      2. 208. Church of England land

   6. General

      1. 209. Regulations under this Act

      2. 210. Interpretation

      3. 211. Consequential and transitional provision etc.

      4. 212. Coming into force

      5. 213. Short title

9. 1. SCHEDULE 1

      END OF INTERIM PROTECTION FOR MONUMENTS

      1. 1. Application of this Schedule

      2. 2. Criminal liability

      3. 3. Scheduled monument consent

      4. 4. Temporary stop notices

      5. 5. Enforcement notices

      6. 6. Injunctions

   2. SCHEDULE 2

      DECISION ON REVIEW BY PERSON APPOINTED BY THE WELSH MINISTERS

      1. 1. Application of this Schedule and meaning of “appointed person”

      2. 2. Appointment of another person to make a decision on a review

      3. 3. Appointment of assessor to assist appointed person

      4. 4. Directions

      5. 5. Delegation

      6. 6. Public Services Ombudsman (Wales) Act 2019 (anaw 3)

   3. SCHEDULE 3

      AUTHORISATION FOR CLASSES OF WORKS

      1. 1. Power to amend Schedule

   4. SCHEDULE 4

      PROCEDURE FOR ORDERS MODIFYING OR REVOKING SCHEDULED MONUMENT CONSENT

      1. PART 1 NOTICE OF PROPOSED MODIFICATION OR REVOCATION

         1. 1. Requirement to serve a notice of proposed modification or revocation

         2. 2. Effect of notice under paragraph 1 on authorisation to carry out works

      2. PART 2 PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

         1. 3. Making an order under section 20

         2. 4. Notification once order made

      3. PART 3 SUPPLEMENTARY

         1. 5. Procedure after hearing or inquiry

   5. SCHEDULE 5

      TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT

      1. PART 1 NOTICE OF PROPOSED TERMINATION

         1. 1. Requirement to serve notice of proposed termination

         2. 2. Effect on authorised works of service of notice of proposed termination

      2. PART 2 PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

         1. 3. Making an order under section 27

         2. 4. Notification once order made

      3. PART 3 SUPPLEMENTARY

         1. 5. Procedure after hearing or inquiry

   6. SCHEDULE 6

      PROCEEDINGS UNDER PART 2

      1. 1. Evidence at local inquiries

      2. 2. Offence relating to failure to comply with summons under paragraph 1

      3. 3. Costs of certain proceedings under this Part

      4. 4. Costs of reviews held under section 9 by appointed person

   7. SCHEDULE 7

      END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS

      1. 1. Introduction

      2. 2. Criminal liability

      3. 3. Listed building consent

      4. 4. Temporary stop notices

      5. 5. Enforcement notices

      6. 6. Injunctions

   8. SCHEDULE 8

      PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT

      1. PART 1 ORDERS MADE BY PLANNING AUTHORITIES

         1. 1. Circumstances in which orders take effect

         2. 2. Procedure for confirmation of orders by Welsh Ministers

         3. 3. Procedure for orders to take effect without confirmation

      2. PART 2 ORDERS MADE BY THE WELSH MINISTERS

         1. 4. Procedure to be followed before making order

   9. SCHEDULE 9

      ACTION FOLLOWING SERVICE OF PURCHASE NOTICE

      1. 1. Response to purchase notice by planning authority

      2. 2. Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority

      3. 3. Procedure before Welsh Ministers take action in relation to purchase notice

      4. 4. Effect of Welsh Ministers’ action in relation to purchase notice

      5. 5. Legal challenge to Welsh Ministers’ action in relation to purchase notice

      6. 6. Deduction of compensation payable under section 108 on acquisition

      7. 7. Interpretation of Schedule

   10. SCHEDULE 10

       PROCEDURE FOR ORDERS TERMINATING LISTED BUILDING PARTNERSHIP AGREEMENTS

       1. PART 1 ORDERS MADE BY PLANNING AUTHORITIES

          1. 1. Requirement for confirmation by Welsh Ministers

       2. PART 2 ORDERS MADE BY THE WELSH MINISTERS

          1. 2. Procedure to be followed before making order

   11. SCHEDULE 11

       EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING

       1. 1. Introduction

       2. 2. Criminal liability

       3. 3. Conservation area consent

       4. 4. Temporary stop notices

       5. 5. Enforcement notices

       6. 6. Injunctions

   12. SCHEDULE 12

       DETERMINATION OF APPEAL BY APPOINTED PERSON OR THE WELSH MINISTERS

       1. 1. Introduction

       2. 2. Powers and duties of appointed person

       3. 3. Local inquiry, hearing or written representations

       4. 4. Replacement of appointed person

       5. 5. Direction under section 173(3)(b) that appeal is to be determined by Welsh Ministers

       6. 6. Revocation of direction under section 173(3)(b)

       7. 7. Supplementary provisions

   13. SCHEDULE 13

       MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS

       1. Settled Land Act 1925 (c. 18)

          1. 1. In Part 2 of Schedule 3 to the Settled Land...

       2. Historic Buildings and Ancient Monuments Act 1953 (c. 49)

          1. 2. The Historic Buildings and Ancient Monuments Act 1953 is amended...

          2. 3. Omit section 4.

          3. 4. In section 4A— (a) in the heading, for “section 4”...

          4. 5. (1) In section 5, after subsection (5) insert—

          5. 6. Omit section 6.

          6. 7. In section 8, after subsection (7) insert—

       3. Land Powers (Defence) Act 1958 (c. 30)

          1. 8. In section 6(4)(b) of the Land Powers (Defence) Act 1958,...

       4. Public Health Act 1961 (c. 64)

          1. 9. In the table in Schedule 4 to the Public Health...

       5. The Harbours Act 1964 (c. 40)

          1. 9A. In Schedule 3 to the Harbours Act 1964, in paragraph...

       6. Compulsory Purchase Act 1965 (c. 56)

          1. 10. In section 1(4) of the Compulsory Purchase Act 1965—

       7. Mines (Working Facilities and Support) Act 1966 (c. 4)

          1. 11. In section 7 of the Mines (Working Facilities and Support)...

       8. Civic Amenities Act 1967 (c. 69)

          1. 12. Omit section 4 of the Civic Amenities Act 1967.

       9. Redundant Churches and other Religious Buildings Act 1969 (c. 22)

          1. 13. The Redundant Churches and other Religious Buildings Act 1969 is...

          2. 14. In section 4— (a) in subsection (2)(b), after sub-paragraph (i)...

          3. 15. In section 5(1), after “Secretary of State,”, in both places,...

       10. Local Government Act 1972 (c. 70)

           1. 16. In section 131(2) of the Local Government Act 1972, after...

       11. Land Compensation Act 1973 (c. 26)

           1. 17. In section 33D(4)(d) of the Land Compensation Act 1973, after...

       12. Estate Agents Act 1979 (c. 38)

           1. 18. In section 1(2)(e) of the Estate Agents Act 1979, after...

       13. Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

           1. 19. The Ancient Monuments and Archaeological Areas Act 1979 is amended...

           2. 20. In section 1— (a) in subsection (3), for “subsection” substitute...

           3. 21. Omit sections 1AA to 1AE.

           4. 22. In section 2— (a) omit subsections (3A) and (3B);

           5. 23. In section 4(3), omit “Where a direction would (if given)...

           6. 24. In section 6, omit subsection (5).

           7. 25. In section 7(1), omit “the Secretary of State or (where...

           8. 26. In section 8— (a) in subsection (2A), omit paragraph (c);...

           9. 27. In section 9(1), omit “the Secretary of State or (where...

           10. 28. Omit sections 9ZA and 9ZB and the italic heading before...

           11. 29. Omit sections 9ZC to 9ZH and the italic heading before...

           12. 30. Omit sections 9ZI to 9ZL and the italic heading before...

           13. 31. Omit section 9ZM and the italic heading before it.

           14. 32. In section 26, omit subsection (4).

           15. 33. In section 27(2), for “section 1AD, 7, 9 or 9ZL”...

           16. 34. In section 28— (a) in subsection (1), omit “situated in...

           17. 35. In section 33— (a) after subsection (1) insert—

           18. 36. In section 35(5), omit paragraph (aa).

           19. 37. In section 38— (a) in subsection (3)(b), omit “and Wales”;...

           20. 38. Omit section 41A and the italic heading before it.

           21. 39. In section 42— (a) in subsection (1), omit “or of...

           22. 40. In section 44(2), in the second sentence, omit the words...

           23. 41. In section 45— (a) omit subsection (1);

           24. 42. In section 46(3), omit “9ZF, 9ZJ,”.

           25. 43. In section 50, omit subsection (3A).

           26. 44. In section 51(3), omit “1AD, 9ZL,”.

           27. 45. In section 53— (a) in subsection (2), for “, or...

           28. 46. In section 55, omit subsection (3A).

           29. 47. In section 56— (a) in subsection (1), omit paragraph (ca)...

           30. 48. In section 60— (a) omit subsection (1A);

           31. 49. In section 61— (a) in subsection (1)—

           32. 50. Omit Schedules A1 and A2.

           33. 51. In Schedule 1— (a) in paragraph 1, omit sub-paragraph (3);...

       14. Local Government, Planning and Land Act 1980 (c. 65)

           1. 52. In section 148(3) of the Local Government, Planning and Land...

       15. Highways Act 1980 (c. 66)

           1. 53. The Highways Act 1980 is amended as follows.

           2. 54. In section 79(15)— (a) in paragraph (a), after “local highway...

           3. 55. In section 105ZA(1), in paragraph (g) of the definition of...

       16. New Towns Act 1981 (c. 64)

           1. 56. In section 8 of the New Towns Act 1981, at...

       17. Acquisition of Land Act 1981 (c. 67)

           1. 57. In section 31(1)(a) of the Acquisition of Land Act 1981,...

       18. National Heritage Act 1983 (c. 47)

           1. 58. In Schedule 4 to the National Heritage Act 1983—

       19. Inheritance Tax Act 1984 (c. 51)

           1. 59. In section 230(3)(c) of the Inheritance Tax Act 1984, after...

       20. Building Act 1984 (c. 55)

           1. 60. The Building Act 1984 is amended as follows.

           2. 61. In section 1A(2)— (a) in paragraph (a), after “(see section...

           3. 62. In section 20(1), after “the Planning (Listed Buildings and Conservation...

           4. 63. In section 77(3), after “subject to” insert “section 79A and...

           5. 64. In section 79(5), after “subject to” insert “section 79A and...

           6. 65. After section 79 insert— Wales: exercise of powers under sections...

       21. Housing Act 1985 (c. 68)

           1. 66. The Housing Act 1985 is amended as follows.

           2. 67. In section 303, after “section 1 of the Planning (Listed...

           3. 68. In section 305— (a) in subsection (1), after “Where a...

           4. 69. In section 306— (a) in subsection (1), after “applies to...

       22. Protection of Military Remains Act 1986 (c. 35)

           1. 70. In section 9(1) of the Protection of Military Remains Act...

       23. Town and Country Planning Act 1990 (c. 8)

           1. 71. The Town and Country Planning Act 1990 is amended as...

           2. 72. In section 70(3), as it has effect before section 5(8)...

           3. 73. In section 108(3F), at the end insert “or the Historic...

           4. 74. In section 137— (a) in subsection (6)—

           5. 75. In section 143(4), after “Planning (Listed Buildings and Conservation Areas)...

           6. 76. In section 157(1)(b)— (a) after “section 47 of the Planning...

           7. 77. In section 232(1), after “Chapter V of Part 1 of...

           8. 78. In section 235(6), in the definition of “alternative enactment”, after...

           9. 79. In section 240(3), in the definition of “relevant acquisition or...

           10. 80. In section 241(1), after “Chapter V of Part 1 of...

           11. 81. In section 243(3)(b), after “Chapter V of Part 1 of...

           12. 82. In section 246(1)(a), after “section 52 of the Planning (Listed...

           13. 83. In section 271(1), after “Chapter V of Part 1 of...

           14. 84. In section 272(1), after “Chapter V of Part 1 of...

           15. 85. In section 275— (a) in subsection (1)(a), after “Chapter V...

           16. 86. In section 277(2)(a), after “Chapter V of Part 1 of...

           17. 87. In section 303, after subsection (1) insert—

           18. 88. In section 303ZA(5)(b), which is inserted by section 200 of...

           19. 89. In section 306(1)(a), after “Chapter V of Part 1 of...

           20. 90. Before section 315 (but after the italic heading before that...

           21. 91. In section 336(1)— (a) in the definition of “conservation area”,...

           22. 92. In Schedule 4B, in paragraph 8(5), for “has the same...

       24. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

           1. 93. The Planning (Listed Buildings and Conservation Areas) Act 1990 is...

           2. 94. In section 1— (a) in subsection (1), after “buildings of...

           3. 95. In section 2— (a) in subsection (1)—

           4. 96. Omit sections 2A to 2D.

           5. 97. In section 3— (a) in the heading, omit “in England”;...

           6. 98. Omit section 3A.

           7. 99. In section 4(2), for “sections 3 and 3A,” substitute “section...

           8. 100. In section 5— (a) at the beginning of subsection (1),...

           9. 101. In section 6— (a) in the heading, omit “: England”;...

           10. 102. Omit section 6A.

           11. 103. In section 8— (a) in subsection (4)—

           12. 104. In section 9, omit subsection (3A).

           13. 105. In section 12, omit subsection (4B).

           14. 106. In section 15(3), omit “in England”.

           15. 106A. In section 17(4), omit “in relation to England”.

           16. 107. In section 20— (a) in subsection (4), omit “in relation...

           17. 108. In section 21— (a) in subsection (4), omit “interim protection...

           18. 109. In section 22— (a) omit subsection (2B);

           19. 110. In section 26A(1), omit “, situated in England”.

           20. 111. In section 26C(1), omit “in England”.

           21. 112. In section 26D(1), omit “for any area in England”.

           22. 113. In section 26H(1), omit “in England”.

           23. 114. Omit sections 26L and 26M and the italic heading before...

           24. 115. Omit section 28B.

           25. 116. Omit section 29.

           26. 116A. In section 30— (a) in subsection (1)—

           27. 117. In section 31— (a) in subsection (2), for “28, 28B,...

           28. 118. In section 32(1), in the words after paragraph (b), omit...

           29. 119. In section 34(2)— (a) in paragraph (c), omit “in England”;...

           30. 120. In section 40, omit subsection (2B).

           31. 121. In section 41— (a) in subsection (4)—

           32. 122. In section 44A(4), omit “, as respects England,”.

           33. 122A. In section 44AA(1) and in the heading before it, omit...

           34. 122B. In the heading to section 44AB, omit “in England”.

           35. 122C. In the heading to section 44AC, omit “in England”.

           36. 123. Omit sections 44B to 44D.

           37. 124. In section 46— (za) in subsection (1A), omit “in England”;...

           38. 125. In section 47— (a) in subsection (3)(a), omit “situated in...

           39. 126. In section 48(4), omit “situated in England”.

           40. 127. In section 49— (a) in the heading, after “listed building”...

           41. 128. In section 52(1)— (a) in the words before paragraph (a)—...

           42. 129. In section 53(3), omit “if they relate to property situated...

           43. 130. In section 54— (a) in subsection (2)—

           44. 131. In section 55, omit subsections (5A) to (5G).

           45. 132. In section 57(7)— (a) in paragraph (a), for “, county...

           46. 133. In section 60(2), omit “, 3A”.

           47. 134. In section 61(2), for “sections 2B, 3, 3A,” substitute “sections...

           48. 135. In section 62(2), omit paragraph (za).

           49. 136. In section 66, after subsection (4) insert—

           50. 137. In section 70— (a) in subsection (5)(b), omit “it affects...

           51. 138. In section 74— (a) omit subsections (1), (1A) and (2);...

           52. 139. In section 75— (a) omit subsection (6);

           53. 140. In section 76(2), omit “in respect of a building in...

           54. 141. In section 77— (a) in subsection (1), omit “situated in...

           55. 142. In section 79— (a) in subsection (1), omit “, or...

           56. 143. In section 80— (a) in subsection (1)(b), omit “in England”;...

           57. 144. In section 81, after ““local planning authority”” insert “means a...

           58. 145. In section 82— (a) in subsection (1)—

           59. 146. In section 82A(2), omit paragraph (fa).

           60. 147. In section 86(2)— (a) in paragraph (a), omit “if the...

           61. 147A. Omit section 86(3).

           62. 148. In section 88— (za) in subsection (3ZA), omit “in England”;...

           63. 149. In section 88B, omit subsection (1A).

           64. 150. In section 88D— (a) in the heading, omit “: England”;...

           65. 151. Omit section 88E.

           66. 152. In section 89— (a) in subsection (1)—

           67. 153. In section 90— (a) in subsection (5), after “council of...

           68. 154. In section 91— (a) in subsection (1)—

           69. 154A. In section 92(2)(b), for “29” substitute “28A” .

           70. 155. In section 93— (a) in subsection (1), omit “in relation...

           71. 156. In Schedule 1, in paragraph 2— (a) in sub-paragraph (3),...

           72. 157. Omit Schedules 1A and 1B.

           73. 158. In Schedule 2— (a) in paragraph 1—

           74. 159. In Schedule 3— (a) in paragraph 2—

           75. 160. In Schedule 4— (a) in paragraph 1—

       25. Planning and Compensation Act 1991 (c. 34)

           1. 161. The Planning and Compensation Act 1991 is amended as follows....

           2. 161A. In Schedule 6, omit paragraph 43.

           3. 161B. In Schedule 18— (a) omit the entry relating to section...

       26. Coal Mining Subsidence Act 1991 (c. 45)

           1. 162. In section 19 of the Coal Mining Subsidence Act 1991,...

       27. Land Drainage Act 1991 (c. 59)

           1. 163. In section 67(3) of the Land Drainage Act 1991, after...

       28. Protection of Badgers Act 1992 (c. 51)

           1. 164. In section 10(1)(e) of the Protection of Badgers Act 1992,...

       29. Tribunals and Inquiries Act 1992 (c. 53)

           1. 165. In section 16(1) of the Tribunals and Inquiries Act 1992,...

       30. Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

           1. 166. In section 70 of the Leasehold Reform, Housing and Urban...

       31. Local Government (Wales) Act 1994 (c. 19)

           1. 167. The Local Government (Wales) Act 1994 is amended as follows....

           2. 168. In Schedule 6, omit paragraph 25 and the italic heading...

           3. 169. In Schedule 16, omit paragraph 56 and the italic heading...

       32. Value Added Tax Act 1994 (c. 23)

           1. 170. In Schedule 8 to the Value Added Tax Act 1994,...

       33. Criminal Justice and Public Order Act 1994 (c. 33)

           1. 171. The Criminal Justice and Public Order Act 1994 is amended...

           2. 172. In section 60C(8), in paragraph (b) of the definition of...

           3. 173. In section 61(9), in paragraph (a)(ii) of the definition of...

           4. 174. In section 62E(2)(b), after “the Ancient Monuments and Archaeological Areas...

       34. Environment Act 1995 (c. 25)

           1. 175. In Schedule 9 to the Environment Act 1995, in paragraph...

       35. Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)

           1. 176. In Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act...

       36. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)

           1. 177. In Schedule 1 to the National Assembly for Wales (Transfer...

       37. Countryside and Rights of Way Act 2000 (c. 37)

           1. 178. The Countryside and Rights of Way Act 2000 is amended...

           2. 179. In section 15(1), after paragraph (d) insert— or

           3. 180. In section 26(3)(b)(i), after “the Ancient Monuments and Archaeological Areas...

       38. Planning and Compulsory Purchase Act 2004 (c. 5)

           1. 181. In section 81 of the Planning and Compulsory Purchase Act...

       39. Government of Wales Act 2006 (c. 32)

           1. 182. The Government of Wales Act 2006 is amended as follows....

           2. 183. In Schedule 3A, in the table in paragraph 1, omit...

           3. 184. In Schedule 10, omit paragraph 36.

       40. National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353)

           1. 185. In the National Assembly for Wales Commission (Crown Status) (No....

       41. Regulatory Enforcement and Sanctions Act 2008 (c. 13)

           1. 186. In Schedule 7 to the Regulatory Enforcement and Sanctions Act...

       42. Planning Act 2008 (c. 29)

           1. 187. In Schedule 2 to the Planning Act 2008, omit paragraph...

       43. Enterprise and Regulatory Reform Act 2013 (c. 24)

           1. 188. In Schedule 17 to the Enterprise and Regulatory Reform Act...

       44. Planning (Wales) Act 2015 (anaw 4)

           1. 189. The Planning (Wales) Act 2015 is amended as follows.

           2. 190. Omit section 39(3).

           3. 191. Omit section 47(3).

           4. 192. In Schedule 5, omit paragraphs 19 to 22 and the...

       45. Historic Environment (Wales) Act 2016 (anaw 4)

           1. 193. The Historic Environment (Wales) Act 2016 is repealed.

       46. Housing and Planning Act 2016 (c. 22)

           1. 194. In section 5(8) of the Housing and Planning Act 2016,...

       47. Public Services Ombudsman (Wales) Act 2019 (anaw 3)

           1. 195. In Schedule 5 to the Public Services Ombudsman (Wales) Act...

       48. Sentencing Act 2020 (c. 17)

           1. 196. In section 137(3) of the Sentencing Act 2020, for “is...

       49. The Levelling-Up and Regeneration Act 2023 (c. 55)

           1. 197. The Levelling-Up and Regeneration Act 2023 is amended as follows....

           2. 198. In section 102— (a) in subsection (3), for the words...

           3. 199. In section 103— (a) omit subsections (3) to (6);

           4. 200. Omit section 105(3) and (4).

   14. SCHEDULE 14

       TRANSITIONAL AND SAVING PROVISIONS

       1. PART 1 GENERAL PROVISIONS

          1. 1. Statutory and other references to this Act

          2. 2. Documents referring to repealed enactments

          3. 3. Relationship with Legislation (Wales) Act 2019

          4. 4. Interpretation

       2. PART 2 GUARDIANSHIP OF MONUMENTS

          1. 5. Guardianship orders made under 1953 Act

          2. 6. Control and management of monument where guardianship pre-dates 1979 Act

          3. 7. Public access to monument where guardianship pre-dates 1913 Act

          4. 8. Interpretation

       3. PART 3 MISCELLANEOUS

          1. 9. Offence of breaching temporary stop notice in relation to scheduled monument

          2. 10. Service and taking effect of enforcement notice in relation to scheduled monument

          3. 11. Purchase notice served on council in relation to building in National Park

          4. 12. Building preservation notices in England: compensation