Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 5 is up to date with all changes known to be in force on or before 07 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.
Changes to Legislation
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Changes and effects yet to be applied to Section 5:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 2SCHEDULE OF MONUMENTS OF NATIONAL IMPORTANCE
Proposals to add or remove monument to or from the schedule: consultation and interim protection
5Consultation before adding or removing monument to or from the schedule
(1)
Subsection (2) applies where the Welsh Ministers are proposing to amend the schedule by—
(a)
adding a monument,
(b)
removing a monument, or
(c)
amending the entry for a monument to remove anything previously included as part of the monument or add anything not previously included.
(2)
The Welsh Ministers must serve a notice on the persons mentioned in subsection (3) which—
(a)
sets out the proposed amendment, and
(b)
invites those persons to make written representations about the proposal.
(3)
The persons are—
(a)
every owner and occupier of the monument,
(b)
every local authority in whose area the monument is situated, and
(c)
any other persons the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, the monument or in monuments of historic or archaeological interest more generally.
(4)
A notice under subsection (2) must—
(a)
specify the period within which representations may be made, and
(b)
in the case of a proposal to add a monument or to add anything as part of a monument—
(i)
include a statement of the effect of section 6 (interim protection), and
(ii)
specify the date on which interim protection takes effect under that section.
(5)
The period specified under subsection (4)(a) must be at least 28 days beginning with the day the notice is served.