Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 177 is up to date with all changes known to be in force on or before 09 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.
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PART 5SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS
Local inquiries
177Power of person holding inquiry to require evidence
(1)
A person holding a local inquiry under this Part may by summons require any person—
(a)
to attend the inquiry, at a time and place stated in the summons, and to give evidence, or
(b)
to produce any documents in the person’s possession or under the person’s control which relate to any matter in question at the inquiry.
(2)
The person holding the inquiry may take evidence on oath, and for that purpose may administer oaths.
(3)
A summons under this section does not require a person to attend the inquiry unless the person’s necessary expenses of attending are paid or offered to the person.
(4)
A person may not be required under this section to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.
(5)
It is an offence for a person to—
(a)
refuse or deliberately fail to comply with a requirement of a summons under this section, or
(b)
deliberately alter, suppress, conceal or destroy a document the person is required, or is liable to be required, to produce under this section.
(6)
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or imprisonment for a term not exceeding the maximum term for summary offences, or both.
(7)
In subsection (6) “the maximum term for summary offences” means—
(a)
in relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, 6 months;
(b)
in relation to an offence committed after it comes into force, 51 weeks.