Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 39 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 39:
- 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
Enforcement notices
39Appeal against enforcement notice
(1)
A person on whom a copy of an enforcement notice is served, or any other person with an interest in the monument or land to which the notice relates, may appeal to a magistrates’ court against the notice.
(2)
An appeal may be made on one or more of the following grounds—
(a)
that the matters alleged to constitute a breach of section 11 or of a condition of scheduled monument consent have not occurred;
(b)
that those matters (if they occurred) do not constitute such a breach;
(c)
that the following conditions are met—
(i)
works to the monument or land were urgently necessary in the interests of safety or health,
(ii)
the works carried out were limited to the minimum measures immediately necessary, and
(iii)
written notice justifying in detail the need for the works was given to the Welsh Ministers as soon as reasonably practicable;
(d)
that a copy of the enforcement notice was not served on a person as required by section 36;
(e)
that the period within which the notice requires any works to be stopped or any steps to be taken is unreasonably short.
(3)
An appeal must be made before the date specified in the notice as the date on which it is to take effect.
(4)
Where an appeal is made, the notice has no effect until the appeal is finally determined or withdrawn.
(5)
On an appeal under this section, a magistrates’ court may uphold the notice or quash it.
(6)
The court may uphold a notice even if a copy of it was not served on a person who was required by section 36 to be served, if the court is satisfied that the person has not been substantially prejudiced by the failure.