Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 26 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 26:
- 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 2MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 4SCHEDULED MONUMENT PARTNERSHIP AGREEMENTS
26Further provision about scheduled monument partnership agreements
(1)
A scheduled monument partnership agreement must be in writing.
(2)
A scheduled monument partnership agreement must—
(a)
identify the monument or associated land to which it relates;
(b)
describe any works to which it relates;
(c)
specify the date on which it takes effect and its duration;
(d)
make provision for the parties to review the terms of the agreement at intervals specified in it;
(e)
make provision for its variation (but this is subject to regulations made under subsection (5));
(f)
make provision for its termination (but this is subject to section 27).
(3)
A scheduled monument partnership agreement may contain incidental and consequential provision.
(4)
The Welsh Ministers may by regulations specify other terms that must be included in a scheduled monument partnership agreement.
(5)
The Welsh Ministers must by regulations make provision about—
(a)
the consultation that must take place before a scheduled monument partnership agreement is made or varied;
(b)
the publicity that must be given to a scheduled monument partnership agreement before or after it is made or varied.
(6)
Regulations under subsection (5)(a) must require the Welsh Ministers to consult the following persons before making a scheduled monument partnership agreement—
(a)
every owner and occupier of the monument or associated land to which the proposed agreement relates;
(b)
every local authority in whose area the monument or associated land is situated;
(c)
any local authority which by virtue of Chapter 6 is a guardian of the monument or associated land.
(7)
A scheduled monument partnership agreement may not impose any obligation or liability, or confer any right, on a person who is not a party to the agreement; and scheduled monument consent granted by such an agreement has effect only for the benefit of the parties to it.
(8)
The Welsh Ministers may by regulations disapply, apply or reproduce with or without modifications, any provision of this Part for the purposes of scheduled monument partnership agreements.