Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 3 E+W BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 5 E+W ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

Finance for repair and maintenance of buildings of special interest etc. E+W

148 Grant or loan by local authority for repair or maintenance of building E+W

(1) A relevant local authority may contribute towards any expenditure incurred, or to be incurred, in the repair or maintenance of—

(a) a listed building which is situated in or in the vicinity of the authority’s area, or

(b) a building in the authority’s area which is not a listed building but which the authority considers to be of special architectural or historic interest.

(2) At the same time as making such a contribution, the authority may also contribute towards any expenditure incurred, or to be incurred, in the maintenance of any garden which—

(a) is occupied with the building, and

(b) adjoins or is adjacent to it.

(3) A contribution under this section may be made by grant or loan.

(4) A relevant local authority may make a loan under this section on any terms and conditions that it determines, which may for example include a term that the loan is free of interest.

(5) A relevant local authority—

(a) may renounce its right to repayment of a loan or any outstanding interest, and

(b) may agree with the borrower to vary any of the terms and conditions of a loan.

(6) A relevant local authority may make a grant under this section subject to any conditions it considers appropriate, which may for example include a condition that the recipient of the grant must make an agreement with the authority for the purpose of securing public access to all or part of the building or garden to which the grant relates.

(7) In this section and section 149, “relevant local authority” means—

(a) a county council or county borough council in Wales;

(b) a National Park authority in Wales;

(c) a joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990 (c. 8).

Commencement Information

I1 S. 148 not in force at Royal Assent, see s. 212(2)

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

I2 S. 149 not in force at Royal Assent, see s. 212(2)

150 Grant by Welsh Ministers for repair or maintenance of building, garden etc. E+W

(1) The Welsh Ministers may make grants to meet any expenditure incurred, or to be incurred, in—

(a) the repair or maintenance of a building which they consider to be of special architectural or historic interest,

(b) the maintenance of any land which includes, adjoins or is adjacent to such a building,

(c) the repair or maintenance of any objects ordinarily kept in such a building, or

(d) the maintenance of a garden or other land which they consider to be of special historic interest.

(2) The following provisions of this section apply where—

(a) the Welsh Ministers make a grant under subsection (1) on terms which provide for it to be recoverable under this section, and

(b) before or on making the grant the Welsh Ministers give notice in writing to the recipient of the grant which—

(i) summarises the effect of this section, and

(ii) specifies a period, beginning with the day the grant is made and ending not more than 10 years after that day, during which the grant is to be recoverable in accordance with subsections (4) to (6) (“the recovery period”).

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

(4) Subsections (5) and (6) apply if during the recovery period—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building, land or objects 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.

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

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

(7) The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

(8) 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

I3 S. 150 not in force at Royal Assent, see s. 212(2)

151 Acceptance by Welsh Ministers of endowment for upkeep of building E+W

(1) This section applies where—

(a) an instrument contains a provision purporting to be a gift of property of any kind to the Welsh Ministers on trust to use the income of the property (either for a limited time or indefinitely) for or towards the repair and maintenance of a relevant building, or of a relevant building together with other property,

(b) the provision does not create a charitable trust, and

(c) the Welsh Ministers accept the gift.

(2) In this section—

• “endowment trust” (“ymddiriedolaeth waddol”) means the trust referred to in subsection (1)(a);

• “relevant building” (“adeilad perthnasol”) means—

  (a)

  a building which the Welsh Ministers consider to be of special architectural or historic interest and—

  (i)

  in which, at the time when the trust instrument comes into operation, they are or soon will be entitled to an interest, or

  (ii)

  which at that time is or soon will be under their control or management, or

  (b)

  a building which at that time is or soon will be under their guardianship under Chapter 6 of Part 2;

• “trust fund” (“cronfa’r ymddiriedolaeth”) means the property given to the Welsh Ministers and any property for the time being representing that property.

(3) The validity of the gift and of the endowment trust is not affected, and is to be treated as never having been affected, by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(4) While the endowment trust continues the Welsh Ministers have the same powers of management, disposition and investment in relation to the trust fund as are conferred by law on trustees of land in relation to the land and the proceeds of its sale.

(5) The powers conferred by subsection (4) are in addition to, and do not limit, any powers conferred on the Welsh Ministers by the trust instrument.

(6) If, while the endowment trust continues, an event happens—

(a) which has the immediate effect that the Welsh Ministers are not entitled to any interest in the building to which the trust relates and do not have the building under their control or management, and

(b) which would not otherwise cause the endowment trust to come to an end or be treated as having failed,

on the happening of that event the endowment trust comes to an end and the trust fund passes as it would on a failure of the trust.

(7) Subsection (8) applies if the trust instrument contains a provision purporting to give the trust fund, or to direct the trust fund to be held, on trust for charitable purposes if the endowment trust fails or comes to an end.

(8) The validity of the gift or direction is not, and is to be treated as never having been, affected by any rule of law or equity relating to perpetuities.

(9) In subsection (4) “trustees of land” has the same meaning as in the Trusts of Land and Appointment of Trustees Act 1996 (c. 47) (see section 1(1) of that Act).

Commencement Information

I4 S. 151 not in force at Royal Assent, see s. 212(2)