Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 153 is up to date with all changes known to be in force on or before 06 November 2025. 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 153:
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 6GENERAL
Powers of entry
153Exercise of power to enter land without warrant
(1)
A power to enter land under section 152 may be exercised at any reasonable time.
(2)
A person authorised to enter land under section 152 may not demand admission as of right to any land which is occupied unless at least 24 hours’ notice of the intended entry has been given to every occupier.
(3)
Subsection (2) does not apply to the power to enter land under section 152(4) (temporary stop notices).
(4)
A person authorised to enter land under section 152—
(a)
must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land;
(b)
may take on to the land any other persons that are necessary;
(c)
must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.
(5)
Where a person—
(a)
proposes to carry out works in the exercise of a power of entry under section 152, and
(b)
is required to give notice of the intended entry under subsection (2) of this section,
the person may not carry out the works unless the notice of intended entry includes notice of the person’s intention to carry them out.
(6)
Where—
(a)
a person proposes to carry out works in the exercise of a power of entry under section 152 on land which belongs to a statutory undertaker, and
(b)
the undertaker objects to the proposed works on the ground that carrying them out would be seriously detrimental to the carrying on of its undertaking,
the person may not carry out the works without the agreement of the appropriate Minister.
(7)
A person may not enter Crown land in the exercise of a power under section 152 without the agreement of—
(a)
a person who appears to the person seeking entry to the land to be entitled to give that agreement, or
(b)
the appropriate Crown authority.
(8)
Subsections (2) to (6) do not apply to anything done by virtue of subsection (7).
(9)
In subsection (6) “appropriate Minister” has the meaning given by section 265 of the Town and Country Planning Act 1990 (c. 8).