Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 31 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 31:
- 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 5ENFORCEMENT OF CONTROLS RELATING TO SCHEDULED MONUMENTS
Temporary stop notices
31Power of Welsh Ministers to issue temporary stop notice
(1)
The Welsh Ministers may issue a temporary stop notice if they consider—
(a)
that works have been or are being carried out in relation to a scheduled monument which involve a breach of section 11 (requirement for works to be authorised) or of a condition subject to which scheduled monument consent has been granted, and
(b)
that the works (or any of them) ought to be stopped immediately, having regard to the effect of the works on the monument as one of national importance.
(2)
A temporary stop notice must—
(a)
specify the works to which it relates,
(b)
prohibit the carrying out of the works (or any of them specified in the notice),
(c)
set out the Welsh Ministers’ reasons for issuing the notice, and
(d)
state the effect of section 33 (offence of breaching temporary stop notice).
(3)
The Welsh Ministers must display a copy of a temporary stop notice on the monument or land to which it relates, and the copy must specify the date on which it is first displayed.
(4)
But if—
(a)
it is not reasonably practicable to display a copy of the notice on the monument or land, or
(b)
the Welsh Ministers consider that displaying a copy of the notice on the monument or land might damage the monument,
the Welsh Ministers may instead display a copy in a prominent place as near to the monument or land as is reasonably practicable.
(5)
The Welsh Ministers may serve a copy of the notice on any person they consider—
(a)
to be carrying out the works that the notice prohibits or causing or permitting them to be carried out,
(b)
to be an occupier of the monument or land to which the notice relates, or
(c)
to have an interest in the monument or land.