Historic Environment (Wales) Act 2023 (asc3)

Prospective

SCHEDULE 5 E+W TERMINATION BY ORDER OF SCHEDULED MONUMENT PARTNERSHIP AGREEMENT

PART 2 E+W PROCEEDING TO MAKE AN ORDER AFTER SERVICE OF NOTICE

Making an order under section 27 E+W

3 (1) This paragraph applies where a notice of proposed termination has been served under Part 1 of this Schedule.

(2) The Welsh Ministers may not make the order to which the notice relates unless—

(a) the period for making objections to the proposal has ended without an objection being made by a person on whom the notice was served,

(b) if an objection was made by such a person within that period, all such objections have been withdrawn, or

(c) if an objection was made during that period by such a person and the objection has not been withdrawn, the requirements of sub-paragraphs (3) and (4) have been met.

(3) The requirements of this sub-paragraph are met if the Welsh Ministers—

(a) cause a local inquiry to be held, or

(b) give the person who made the objection an opportunity to appear before and be heard by a person appointed by them.

(4) The requirements of this sub-paragraph are met if the Welsh Ministers—

(a) consider each objection made as described in sub-paragraph (2)(c) and not withdrawn, and

(b) if an inquiry or hearing has been held under sub-paragraph (3), consider the report of the person who held it.

(5) Where a person takes the opportunity to appear before and be heard by a person appointed by the Welsh Ministers under sub-paragraph (3)(b), the Welsh Ministers must give each of the following persons the opportunity to be heard on the same occasion—

(a) every other person served with the notice of proposed termination, and

(b) any other person the Welsh Ministers consider appropriate.

(6) Where the Welsh Ministers make an order under section 27 by virtue of sub-paragraph (2)(a) or (b), the order must be made on the terms set out by the notice of proposed termination.

(7) Where the Welsh Ministers make an order under section 27 by virtue of sub-paragraph (2)(c), the order may be made either on the terms set out by the notice of proposed termination or with‍ modifications.

Commencement Information

I1 Sch. 5 para. 3 not in force at Royal Assent, see s. 212(2)

Notification once order made E+W

4 As soon as practicable after making an order under section 27 the Welsh Ministers must send a copy of the order—

(a) to every person on whom a notice of proposed termination was served, and

(b) where—

(i) an inquiry was held under paragraph 3(3)(a), to any other person who gave evidence at the inquiry, or

(ii) a hearing was held under paragraph 3(3)(b), to any other person who was given the opportunity to appear at the hearing.

Commencement Information

I2 Sch. 5 para. 4 not in force at Royal Assent, see s. 212(2)