Prospective
(1)The Welsh Ministers may make an agreement under this section (a “scheduled monument partnership agreement”) with—
(a)any owner of a scheduled monument, or
(b)any owner of land adjoining or in the vicinity of such a monument (“associated land”).
(2)Any of the following persons may also be a party to the agreement (in addition to the owner and the Welsh Ministers)—
(a)any occupier of the monument or its associated land;
(b)any other person who has an interest in the monument or its associated land;
(c)any person involved in the management of the monument or its associated land;
(d)any local authority in whose area the monument or its associated land is situated;
(e)any local authority which, by virtue of Chapter 6, is a guardian of the monument or its associated land;
(f)any other person the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, the monument or in monuments of historic or archaeological interest more generally.
(3)A scheduled monument partnership agreement may grant scheduled monument consent under section 13(1) for specified works for the purpose of—
(a)removing or repairing the monument to which the agreement relates, or
(b)making any alterations or additions to the monument.
(4)Where a scheduled monument partnership agreement grants scheduled monument consent subject to conditions, the agreement must specify those conditions.
(5)A scheduled monument partnership agreement may also—
(a)specify works that would, or would not, in the view of the parties, be works to which section 11 applies;
(b)make provision about the maintenance and preservation of the monument or its associated land;
(c)make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the monument or its associated land;
(d)provide for public access to the monument or its associated land and the provision of associated facilities, information or services to the public;
(e)restrict access to, or use of, the monument or its associated land;
(f)prohibit the doing of any specified thing in relation to the monument or its associated land;
(g)provide for the Welsh Ministers, or any local authority in whose area the monument or its associated land is situated, to make payments of specified amounts and on specified terms—
(i)for or towards the cost of any works provided for under the agreement, or
(ii)in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.
(6)A scheduled monument partnership agreement may relate to more than one monument or more than one piece of associated land.
(7)In this section “specified” means specified or described in a scheduled monument partnership agreement.
Commencement Information
I1S. 25 not in force at Royal Assent, see s. 212(2)
(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
I2S. 26 not in force at Royal Assent, see s. 212(2)
(1)The Welsh Ministers may by order terminate a scheduled monument partnership agreement or any provision of such an agreement.
(2)An order under subsection (1) may contain supplementary, incidental, transitory, transitional or saving provision.
(3)An order under this section terminating a provision which grants scheduled monument consent for any works may be made at any time before the works are completed, but does not affect scheduled monument consent for works carried out before the order takes effect.
(4)Schedule 5 and paragraph 1 of Schedule 6 make further provision in connection with making orders under this section (including provision for notices of proposed termination).
(5)The Welsh Ministers may by regulations amend Schedule 5 or 6, and the regulations may make consequential amendments to any other provision of this Act.
Commencement Information
I3S. 27 not in force at Royal Assent, see s. 212(2)
(1)This section applies where the Welsh Ministers—
(a)serve a notice of proposed termination, or
(b)make an order under section 27,
in relation to a scheduled monument partnership agreement.
(2)Any party to the agreement who has an interest in the monument or land to which the agreement applies is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for—
(a)any expenditure incurred by the party in carrying out works which become abortive because of the notice or order;
(b)any other loss or damage suffered by the party which is directly attributable to the notice or order.
(3)For the purposes of this section expenditure incurred in the preparation of plans for the purposes of any works, or on other similar matters preparatory to any works, is to be treated as expenditure incurred in carrying out the works.
(4)Subject to that, no compensation is payable under this section in respect of—
(a)works carried out before the scheduled monument partnership agreement, or the relevant provision of the agreement, took effect, or
(b)other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the agreement or provision took effect.
(5)A claim for compensation under this section must be made in writing within 6 months beginning with the day the notice of proposed termination or order takes effect (as the case may be).
Commencement Information
I4S. 28 not in force at Royal Assent, see s. 212(2)
In this Chapter—
“associated land” (“tir cysylltiedig”), in relation to a monument, has the meaning given by section 25(1)(b);
“notice of proposed termination” (“hysbysiad o derfyniad arfaethedig”) has the meaning given by paragraph 1 of Schedule 5;
“owner” (“perchennog”) means—
an owner of the freehold estate, or
a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run;
“scheduled monument partnership agreement” (“cytundeb partneriaeth heneb gofrestredig”) has the meaning given by section 25(1).
Commencement Information
I5S. 29 not in force at Royal Assent, see s. 212(2)