Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 175 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 175:
- 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 5SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS
Procedural provisions applying to appeals and other proceedings before Welsh Ministers
175Procedural requirements
(1)
The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with—
(a)
proceedings on any application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);
(b)
any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.
(2)
The regulations may include provision about—
(a)
the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;
(b)
the conduct of proceedings.
(3)
The regulations may include provision about the procedure to be followed—
(a)
where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,
(b)
where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or
(c)
where steps have been taken in pursuance of such a direction and a further direction is given revoking that direction,
and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.
(4)
The regulations may—
(a)
specify a time limit within which a party to proceedings must submit representations in writing and any supporting documents, or enable the Welsh Ministers to give directions setting the time limit in a particular case or in cases of a particular description;
(b)
enable the Welsh Ministers to proceed to a decision taking into account only the representations in writing and supporting documents that were submitted within the time limit;
(c)
enable the Welsh Ministers, after giving the parties notice in writing of their intention to do so, to proceed to a decision even though no representations in writing were submitted within the time limit, if they consider that they have sufficient material before them to enable them to reach a decision on the merits of the case.
(5)
The regulations may also make provision about the circumstances in which—
(a)
a direction about the payment of the Welsh Ministers’ costs may be given under section 180;
(b)
an order about the payment of a party’s costs may be made under section 181.
(6)
The regulations may provide that in circumstances specified in the regulations a matter may not be raised in proceedings on an appeal to the Welsh Ministers unless—
(a)
the matter was previously raised before a time specified in the regulations, or
(b)
it is shown that the matter could not have been raised before that time.