Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Paragraph 3 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Schedule 6 Paragraph 3:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
SCHEDULE 6PROCEEDINGS UNDER PART 2
Costs of certain proceedings under this Part
3
(1)
This paragraph applies in relation to the following proceedings—
(a)
a review by the Welsh Ministers under section 9 (reviews of decisions to add monument to the schedule etc.);
(b)
a local inquiry or hearing, or an opportunity to make written representations, under section 17 (determining applications for scheduled monument consent);
(c)
a local inquiry or hearing under Part 2 of Schedule 4 (proposed modification or revocation of scheduled monument consent).
(2)
The Welsh Ministers may direct that the costs incurred by them in relation to the proceedings (including the costs of any person appointed by them to hold the proceedings) must be paid by any party to the proceedings specified in the direction.
(3)
The amount of the costs incurred and directed to be paid as mentioned in sub-paragraph (2) may be recovered by the Welsh Ministers summarily as a civil debt.
(4)
The Welsh Ministers may, in relation to the proceedings, make orders about—
(a)
the costs of the parties to the proceedings, and
(b)
the party or parties who must pay the costs.
(5)
Costs payable by virtue of sub-paragraph (4) may be recovered as if they were payable under an order of the High Court, if the High Court so orders on the application of the person to whom the costs are due.
(6)
The Welsh Ministers may not make an order under sub-paragraph (4) requiring a person to pay the costs of another party to the proceedings unless they are satisfied that—
(a)
the person has behaved unreasonably in relation to the proceedings, and
(b)
the person’s unreasonable behaviour has caused the other party to incur unnecessary or wasted expenditure.
(7)
References in this paragraph to costs incurred by the Welsh Ministers include—
(a)
the entire administrative cost incurred by them in connection with the proceedings, including in particular a reasonable amount that they determine in respect of general staff costs and overheads of the Welsh Government;
(b)
costs incurred by them (or by persons appointed by them) in respect of proceedings that do not take place.