- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As enacted) - English
- Original (As enacted) - Welsh
Historic Environment (Wales) Act 2023
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this part contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Historic Environment (Wales) Act 2023, PART 1.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
PART 1E+WNOTICE OF PROPOSED MODIFICATION OR REVOCATION
Requirement to serve a notice of proposed modification or revocationE+W
1(1)Before making an order under section 20 modifying or revoking a scheduled monument consent the Welsh Ministers must serve a notice of the proposed modification or proposed revocation on—
(a)every owner and occupier of the monument, and
(b)any other person the Welsh Ministers consider would be affected by the proposal.
(2)A notice under this paragraph must—
(a)include a copy of the order the Welsh Ministers propose to make,
(b)set out the reasons for the proposed modification or proposed revocation,
(c)state that the person served with the notice has 28 days, beginning with the day after the day of service of the notice, to make an objection about the proposal to the Welsh Ministers, and
(d)state the way in which an objection must be made.
(3)Where a proposed modification would exclude any works from the scope of the scheduled monument consent, the notice must provide that those works must not be carried out on or after a day specified by the notice.
(4)Where a proposed modification would affect the carrying out of any of the works to which the consent relates in any other way, the notice must provide that the works must not be carried out on or after a day specified by the notice in a way specified in the notice.
(5)A notice of proposed revocation must provide that the works to which the scheduled monument consent relates must not be carried out on or after a day specified by the notice.
Commencement Information
I1Sch. 4 para. 1 not in force at Royal Assent, see s. 212(2)
Effect of notice under paragraph 1 on authorisation to carry out worksE+W
2(1)Where a notice under paragraph 1 provides that works specified in the notice must not be carried out on or after a day specified by the notice, the specified works are not authorised for the purposes of Chapter 3 of Part 2 of this Act from the beginning of that day.
(2)Where a notice under paragraph 1 provides that works specified in the notice must not be carried out on or after a day specified by the notice in a way specified in the notice, the specified works, if carried out that way, are not authorised for the purposes of Chapter 3 of Part 2 of this Act from the beginning of that day.
(3)Where a notice under paragraph 1 provides that the works to which the scheduled monument consent relates must not be carried out on or after a day specified by the notice, those works are not authorised under Chapter 3 of Part 2 of this Act from the beginning of that day.
(4)The preceding provisions of this paragraph cease to apply in relation to any works affected by a notice under paragraph 1—
(a)where the Welsh Ministers make an order under section 20 within the period of 21 months beginning with the day the notice was served (“the 21 month period”), when the order is made (at which point authorisation ceases to the extent provided in the order),
(b)where the Welsh Ministers, within the 21 month period, serve notice on every owner and occupier of the monument that they have decided not to make the order, at the beginning of the day specified for the purposes of this paragraph by the Welsh Ministers in the notice, or
(c)in any other case, at the end of the 21 month period.
Commencement Information
I2Sch. 4 para. 2 not in force at Royal Assent, see s. 212(2)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Schedule
PrintThis Part only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.