Historic Environment (Wales) Act 2023 (asc3)

PART 7 E+W GENERAL

Prospective

Powers to require information about interests in land E+W

197 Power to require information by notice E+W

(1) A relevant authority may serve a notice (an “information notice”) requiring the occupier of any land or a person who receives rent (either directly or indirectly) in respect of any land to confirm in writing—

(a) the nature of the person’s interest in the land, and

(b) the name and address of any other person known to the person as having an interest in the land.

(2) But a relevant authority may not serve an information notice unless the information required by the notice is needed by the authority to enable it to—

(a) exercise any of the authority’s functions under or by virtue of Part 2, or

(b) make an order or issue or serve a notice or other document‍ under or by virtue of Part 3, 4 or 5.

(3) An information notice may require the information to be given within—

(a) 21 days beginning with the day after the day the notice is served, or

(b) any longer period specified by the notice or allowed by the relevant authority.

(4) In this section “relevant authority” means—

(a) the Welsh Ministers;

(b) a local authority (within the meaning given by section 157).

Commencement Information

I1 S. 197 not in force at Royal Assent, see s. 212

198 Offences in connection with section 197 E+W

(1) A person required to provide information by a notice under section 197 commits an offence if the person fails, without reasonable excuse, to provide the information.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person required to provide information by a notice under section 197 commits an offence if the person, in purported compliance with the notice, knowingly provides information which is false or misleading in a material respect.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

Commencement Information

I2 S. 198 not in force at Royal Assent, see s. 212

199 Information about interests in Crown land E+W

(1) This section applies to an interest in Crown land which is not a private interest.

(2) Section 197 does not apply to an interest to which this section applies.

(3) But the Welsh Ministers may, for the purpose of enabling a relevant authority to exercise a function mentioned in section 197(2)(a) or (b), request the appropriate Crown authority to confirm in writing—

(a) the nature of the authority’s interest in the land;

(b) the name and address of any other person known to the authority as having an interest in the land.

(4) The appropriate Crown authority must comply with a request under subsection (3) except to the extent—

(a) that the information requested is not within the knowledge of the authority, or

(b) that to do so will disclose information about—

(i) national security, or

(ii) the measures taken or to be taken to ensure the security of any land or other property.

Commencement Information

I3 S. 199 not in force at Royal Assent, see s. 212