- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Saesneg
- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Cymraeg
- Gwreiddiol (Fel y'i Deddfwyd) - Saesneg
- Gwreiddiol (Fel y'i Deddfwyd) - Cymraeg
This version of this part contains provisions that are prospective.
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:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Historic Environment (Wales) Act 2023, PART 1.
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Prospective
1An order under section 107 made by a planning authority takes effect only—
(a)if it is confirmed by the Welsh Ministers under paragraph 2, or
(b)in accordance with paragraph 3.
Commencement Information
I1Sch. 8 para. 1 not in force at Royal Assent, see s. 212(2)
2(1)Where a planning authority submits an order under section 107 to the Welsh Ministers for confirmation, it must serve notice of the submission of the order on—
(a)every owner and occupier of the listed building to which the order relates, and
(b)any other person it thinks will be affected by the order.
(2)The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.
(3)If a person on whom the notice is served makes such a request within that period, before confirming the order the Welsh Ministers must give such an opportunity to that person and the planning authority.
(4)The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice is served.
(5)The Welsh Ministers may confirm the order with or without modifications.
Commencement Information
I2Sch. 8 para. 2 not in force at Royal Assent, see s. 212(2)
3(1)This paragraph applies where—
(a)a planning authority has made an order under section 107, and
(b)the following persons have notified the authority in writing that they do not object to the order—
(i)every owner and occupier of the listed building to which the order relates, and
(ii)every other person the authority thinks will be affected by the order.
(2)The planning authority must (instead of submitting the order to the Welsh Ministers for confirmation)—
(a)publish notice of the making of the order in the way specified in regulations made by the Welsh Ministers,
(b)serve a copy of the notice on the persons mentioned in sub-paragraph (1)(b), and
(c)send a copy of the notice to the Welsh Ministers not later than 3 days after the day it is published.
(3)The notice must specify—
(a)the period within which persons affected by the order may give notice to the Welsh Ministers that they want the order to be submitted to the Welsh Ministers for confirmation under the procedure in paragraph 2;
(b)the period at the end of which, if no such notice is given and the Welsh Ministers do not direct that the order must be submitted to them for confirmation, the order will take effect without being confirmed by the Welsh Ministers.
(4)If at the end of the period specified under sub-paragraph (3)(a)—
(a)no person affected by the order has given notice to the Welsh Ministers as mentioned in sub-paragraph (3)(a), and
(b)the Welsh Ministers have not directed that the order must be submitted to them for confirmation,
the order takes effect at the end of the period specified under sub-paragraph (3)(b).
(5)The period specified under sub-paragraph (3)(a) must be at least 28 days beginning with the day after the day the notice of the making of the order is first published.
(6)The period specified under sub-paragraph (3)(b) must be at least 14 days after the end of the period specified under sub-paragraph (3)(a).
Commencement Information
I3Sch. 8 para. 3 not in force at Royal Assent, see s. 212(2)
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.
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