PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST

CHAPTER 5ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS

Temporary stop notices

I131Power of Welsh Ministers to issue temporary stop notice

1

The Welsh Ministers may issue a temporary stop notice if they consider—

a

that works have been or are being carried out in relation to a scheduled monument which involve a breach of section 11 (requirement for works to be authorised) or of a condition subject to which scheduled monument consent has been granted, and

b

that the works (or any of them) ought to be stopped immediately, having regard to the effect of the works on the monument as one of national importance.

2

A temporary stop notice must—

a

specify the works to which it relates,

b

prohibit the carrying out of the works (or any of them specified in the notice),

c

set out the Welsh Ministers’ reasons for issuing the notice, and

d

state the effect of section 33 (offence of breaching temporary stop notice).

3

The Welsh Ministers must display a copy of a temporary stop notice on the monument or land to which it relates, and the copy must specify the date on which it is first displayed.

4

But if—

a

it is not reasonably practicable to display a copy of the notice on the monument or land, or

b

the Welsh Ministers consider that displaying a copy of the notice on the monument or land might damage the monument,

the Welsh Ministers may instead display a copy in a prominent place as near to the monument or land as is reasonably practicable.

5

The Welsh Ministers may serve a copy of the notice on any person they consider—

a

to be carrying out the works that the notice prohibits or causing or permitting them to be carried out,

b

to be an occupier of the monument or land to which the notice relates, or

c

to have an interest in the monument or land.