Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 48 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 48:
- 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 6ACQUISITION, GUARDIANSHIP AND PUBLIC ACCESS
Guardianship of monuments of special historic interest
48Termination of guardianship
(1)
The guardian of a monument may agree with the persons who are for the time being immediately affected by the operation of the guardianship deed—
(a)
to exclude any part of the monument from the guardianship, or
(b)
to renounce guardianship of the monument.
(2)
In the absence of such an agreement, a monument remains under guardianship (unless it is acquired by its guardian) until an occupier of the monument who is entitled to terminate the guardianship gives notice in writing to that effect to the guardian of the monument.
(3)
An occupier of a monument is entitled to terminate the guardianship of the monument if the occupier—
(a)
has a qualifying interest (within the meaning of section 45(5)) in the monument, and
(b)
is not bound by the guardianship deed.
(4)
A local authority must consult the Welsh Ministers before making an agreement under subsection (1).
(5)
The guardian of a monument may not make an agreement under subsection (1) unless the guardian is satisfied, with respect to the part or whole of the monument (as the case may be)—
(a)
that satisfactory arrangements have been made for ensuring its preservation after termination of the guardianship, or
(b)
that it is no longer practicable to preserve it (whether because of the cost of preserving it or otherwise).
(6)
An agreement under subsection (1) must be made under seal.
(7)
For the purposes of subsection (1) a person is immediately affected by the operation of a guardianship deed relating to a monument if the person is bound by that deed and is in possession or occupation of the monument.