PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 6GENERAL

Supplementary

I1156Exempt religious buildings

1

The Welsh Ministers may by regulations provide that a religious building used for religious purposes is an exempt religious building for the purposes of—

a

sections 83 and 84 (temporary listing of building);

b

section 88 (requirement for works affecting listed building to be authorised);

c

section 118 (offence of intentionally damaging listed building);

d

section 137 (compulsory acquisition of listed building for preservation);

e

section 144 (urgent works for preservation of listed building).

2

For the purposes of section 88 a building is to be treated as being used for religious purposes if it would be used for those purposes but for the works in question.

3

Regulations under this section may—

a

make provision in relation to religious buildings of a description specified in the regulations (whether by reference to a religious faith or denomination, a use made of the buildings, or any other circumstance) or in relation to a particular building;

b

make provision in relation to all or part of a religious building;

c

provide that a building is an exempt religious building only in relation to works of a description specified in the regulations (whether by reference to the extent of the works, the person by whom they are carried out, or any other circumstance);

d

make different provision for buildings in different areas;

e

make consequential amendments to any other provision of this Act.

4

In this section references to a religious building—

a

include any structure or artificial object that is fixed to a religious building or within its curtilage;

b

do not include a building used, or available for use, by a minister of religion wholly or mainly as a residence from which to perform the duties of that office.

Annotations:
Commencement Information
I1

S. 156 not in force at Royal Assent, see s. 212(2)

I2157Interpretation of this Part

In this Part—

  • “enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 123 or 134 (as the case may be);

  • “exempt religious building” (“adeilad crefyddol esempt”) is to be interpreted in accordance with section 156;

  • “interim protection” (“gwarchodaeth interim”) has the meaning given by section 79(3);

  • “listing” (“rhestru”) and “de-listing” (“dadrestru”), in relation to a building, have the meanings given by section 76(6);

  • “local authority” (“awdurdod lleol”) means—

    1. a

      a county council or county borough council in Wales;

    2. b

      a National Park authority in Wales;

    3. c

      a community council;

    4. d

      a police and crime commissioner in Wales;

    5. e

      a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;

    6. f

      a body in Wales which is a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);

    7. g

      a body in Wales to which section 75 of that Act (special levies) applies;

    8. h

      a joint board or joint committe‍e, if all the constituent authorities are local authorities within paragraphs (a) to (g);

  • “temporary listing” (“rhestru dros dro”) has the meaning given by section 83(5);

  • “temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 119;

  • “Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales.