Prospective
PART 1E+WNOTICE OF PROPOSED TERMINATION
Requirement to serve notice of proposed terminationE+W
1(1)Before making an order under section 27 terminating a scheduled monument partnership agreement or a provision of such an agreement the Welsh Ministers must serve notice of a proposal to make the order (a “notice of proposed termination”) on—
(a)the other parties to the agreement, and
(b)any other person the Welsh Ministers consider to have an interest in the agreement.
(2)A notice of proposed termination must—
(a)include a copy of the order the Welsh Ministers propose to make,
(b)set out the reasons for the proposed termination,
(c)state that the person served with the notice has 28 days, beginning with the day after the day the notice is served, 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 the effect of the order proposed to be made under section 27 would be to revoke a scheduled monument consent granted by the agreement, the notice of proposed termination must provide that the works to which the consent relates must not be carried out on or after a day specified by the notice.
(4)Where the effect of an order proposed to be made under section 27 would be to exclude any works from the scope of a scheduled monument consent granted by the agreement, the notice of proposed termination must provide that the affected works must not be carried out on or after a day specified by the notice.
Commencement Information
I1Sch. 5 para. 1 not in force at Royal Assent, see s. 212(2)
Effect on authorised works of service of notice of proposed terminationE+W
2(1)Where a notice of proposed termination provides that the works to which a scheduled monument consent relates must not be carried out on or after a day specified by the notice, those 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 of proposed termination 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.
(3)The preceding provisions of this paragraph cease to apply in relation to any works affected by a notice of proposed termination—
(a)where the Welsh Ministers make an order under section 27 within the period of 21 months beginning with the day the notice of proposed termination 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 each person on whom the notice of proposed termination was served 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. 5 para. 2 not in force at Royal Assent, see s. 212(2)