The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024

• Citation: S.I. 2024/924 (W.)
• Sections: 137

Section 1 Title and coming into force

(1) The title of these Regulations is the Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024.

(2) These Regulations come into force on 4 November 2024.

Section 2 ...

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Section 3 The Ancient Monuments (Applications for Scheduled Monument Consent) Regulations 1981

In regulation 1(2) of the Ancient Monuments (Applications for Scheduled Monument Consent) Regulations 1981 , omit “and Wales”.

Section 4 The Ancient Monuments (Class Consents) Order 1981

In article 1(2) of the Ancient Monuments (Class Consents) Order 1981 , omit “and Wales”.

Section 5 The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984

The Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984 are amended as follows—

(a) in regulation 1(2), omit “and Wales”;

(b) in regulation 4(a)(ii), omit “, or on the Secretary of State” to “in Wales”.

Section 6 ...

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Section 7 The Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989

In article 2 of the Town and Country Planning (Cardiff Bay Urban Development Area) Special Development Order 1989 , in the definition of “scheduled monument”, for “the Ancient Monuments and Archaeological Areas Act 1979” substitute “section 3 of the Historic Environment (Wales) Act 2023” .

Section 8 The Housing (Prescribed Forms) (No. 2) Regulations 1990

In the Schedule to the Housing (Prescribed Forms) (No. 2) Regulations 1990 , in Form 18, in the second sub-paragraph of paragraph 2, after “1990” insert “or under section 76 of the Historic Environment (Wales) Act 2023” .

Section 9 The Coal Mining Subsidence (Notices and Claims) Regulations 1991

In Schedule 1 to the Coal Mining Subsidence (Notices and Claims) Regulations 1991 , in paragraph 13, after “section 19(1)” insert “or section 19(1A)” .

Section 10 The Crop Residues (Burning) Regulations 1993

In regulation 2(1) of the Crop Residues (Burning) Regulations 1993 , in the definition of “scheduled monument”—

(a) after “meaning” insert “, in relation to monuments in England,” ;

(b) after “1979” insert “and in relation to monuments in Wales, has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023” .

Section 11 The Ancient Monuments (Class Consents) Order 1994

The Ancient Monuments (Class Consents) Order 1994 is amended as follows.

Section 12 The Ancient Monuments (Class Consents) Order 1994

In article 1(3), omit “and Wales”.

Section 13

In the Schedule, in Class 10, in both the heading and the words that follow it, omit from “or” to “Wales”.

Section 14 The Town and Country Planning (General Permitted Development) Order 1995

The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

Section 15 The Town and Country Planning (General Permitted Development) Order 1995

In article 1(2)—

(a) for the definition of “listed building” substitute—

“ listed building ” has the meaning given by section 76 of the Historic Environment (Wales) Act 2023;

(b) for the definition of “scheduled monument” substitute—

“ scheduled monument ” has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023;

(c) omit the definition of “site of archaeological interest”.

Section 16

In article 7—

(a) omit paragraph (2)(a)(iii);

(b) in paragraph (2)(b), for “compiled by the Secretary of State” to the end substitute “maintained by the Welsh Ministers under section 76(1) of the Historic Environment (Wales) Act 2023 (duty to maintain list of buildings);” .

Section 17

In Part 2 of Schedule 1, in sub-paragraph (c), for “section 69” to “1990” substitute “section 158 of the Historic Environment (Wales) Act 2023” .

Section 18 The National Park Authorities (Wales) Order 1995

In Schedule 5 to the National Park Authorities (Wales) Order 1995 , omit paragraph 12 and the heading before it.

Section 19 The Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996

In regulation 12(3) of the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996 , after “the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 89 of the Historic Environment (Wales) Act 2023” .

Section 20 The National Park Authorities (Wales) (Amendment) Order 1996

In the Schedule to the National Park Authorities (Wales) (Amendment) Order 1996 , in Part 2, paragraph 2, omit the entry for the inserted paragraph 12 relating to the Operations in Areas of Archaeological Importance (Forms of Notice etc.) Regulations 1984 and the heading before it.

Section 21 The Hedgerows Regulations 1997

In Schedule 1 to the Hedgerows Regulations 1997 , in Part 2, paragraph 2(a), after “1979” insert “or in the schedule of monuments maintained by the Welsh Ministers under section 3(1) of the Historic Environment (Wales) Act 2023” .

Section 22 The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

In regulation 2 of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment Regulations 1999 , in paragraph (1), in the definition of “sensitive area”, sub-paragraph (g), after “1979” insert “or the Historic Environment (Wales) Act 2023” .

Section 23 The Visiting Forces and International Headquarters (Application of Law) Order 1999

In article 11(1) of the Visiting Forces and International Headquarters (Application of Law) Order 1999 —

(a) for “and the Planning (Hazardous Substances) Act 1990”, substitute “, the Planning (Hazardous Substances) Act 1990 and Parts 3 to 5 of the Historic Environment (Wales) Act 2023” ;

(b) for “and section 31(3) of the Planning (Hazardous Substances) Act 1990” substitute “, section 31(3) of the Planning (Hazardous Substances) Act 1990 and section 207 of the Historic Environment (Wales) Act 2023” .

Section 24 The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

In Schedule 2 to the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 , in paragraph 1, in the definition of “sensitive area”, sub-paragraph (f), after “1979” insert “or the Historic Environment (Wales) Act 2023” .

Section 25 The Electronic Communications Code (Conditions and Restrictions) Regulations 2003

In regulation 2(2) of the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 —

(a) in the definition of “conservation area”—

(i) in sub-paragraph (a), omit “and Wales”;

(ii) after sub-paragraph (a) insert—

(aa) in relation to Wales, any area designated as a conservation area under section 158 of the Historic Environment (Wales) Act 2023;

(b) in the definition of “statutory list of buildings”—

(i) in sub-paragraph (a), omit “and Wales”;

(ii) after sub-paragraph (a) insert—

(aa) in relation to Wales, the list of buildings of special architectural or historic interest maintained under section 76(1) of the Historic Environment (Wales) Act 2023;

Section 26 The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004

The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004 are amended as follows.

Section 27 The Compulsory Purchase of Land (Prescribed Forms) (National Assembly for Wales) Regulations 2004

In regulation 2(1), omit the definition of “the Listed Buildings Act”.

Section 28

In regulation 4—

(a) for “section 47” to “repair)” substitute “section 137 of the Historic Environment (Wales) Act 2023 (powers to acquire listed building compulsorily for purpose of preservation)” ;

(b) in paragraph (b)(ii), for “section 50(3)” to “deliberately left derelict)” substitute “section 140(3) of the Historic Environment (Wales) Act 2023 (direction for minimum compensation where building deliberately allowed to fall into disrepair)” .

Section 29

In the Schedule—

(a) in Form 1, in paragraph 4—

(i) for “Under section 50” to “(“ the Listed Buildings Act ”)” substitute “Under section 140 of the Historic Environment (Wales) Act 2023 (“ the 2023 Act ”)” ;

(ii) for “or the Listed Buildings Act” substitute “or the 2023 Act” ;

(b) in Form 8, in the Notes on the use of Form 8—

(i) in the heading beginning “Additional provisions in relation to compulsory purchase orders”, for “made under section 47 of the Listed Buildings Act ( m )” substitute “made under section 137 or 139 of the Historic Environment (Wales) Act 2023( m )” ;

(ii) in paragraph 3, for “section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “section 137 or 139 of the Historic Environment (Wales) Act 2023” ;

(iii) in paragraph 4, for “Under section 50 of the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “Under section 141 of the Historic Environment (Wales) Act 2023” ;

(iv) in paragraph 5, for “the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “the Historic Environment (Wales) Act 2023” ;

(v) in the Notes after paragraph 5, in footnote ( o )—

(aa) for “section 50(3) of the Listed Buildings Act” substitute “section 140(3) of the Historic Environment (Wales) Act 2023” ;

(bb) for “section 50(4) and (5)” substitute “section 140(2) and (4) of that Act” .

Section 30 The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004

In the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 —

(a) in article 2, omit the definition of “the Listed Buildings Act”;

(b) omit articles 7 to 9.

Section 31 The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006 are amended as follows.

Section 32 The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

In regulation 1, after paragraph (2) insert—

(3) These Regulations form part of a code of law relating to the historic environment of Wales.

Section 33 The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

In regulation 2(1)—

(a) insert in the appropriate place ““ the 2023 Act ” (“ Deddf 2023 ”) means the Historic Environment (Wales) Act 2023;” ;

(b) in the definition of “appointed representative”, for sub-paragraph (b) substitute—

(b) section 178(4) or (5) of the 2023 Act;

(c) in the definition of “direction”, for sub-paragraph (b) substitute—

(b) section 178(2) and (3) of the 2023 Act;

(d) omit the definition of “the Listed Buildings Act”.

Section 34

In regulation 3—

(a) for paragraph (1)(b) substitute—

(b) section 178(2) and (3) of the 2023 Act;

(b) for paragraph (3)(b) substitute—

(b) section 178(4) of the 2023 Act;

Section 35

For regulation 4(2)(a)(ii) substitute—

(ii) section 178(5) of the 2023 Act;

Section 36 The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 are amended as follows.

Section 37 The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

In Rule 12(8)(e)(x), after “1979” insert “or the Historic Environment (Wales) Act 2023” .

Section 38

In Schedule 5—

(a) in the first column of paragraph 14 of the table—

(i) in paragraph (i), after “1990” insert “or Part 3 of the Historic Environment (Wales) Act 2023” ;

(ii) in paragraph (ii), after “1979” insert “or a monument scheduled under Part 2 of the Historic Environment (Wales) Act 2023” ;

(b) in the first column of paragraph 15 of the table, in paragraph (i), after “1990” insert “or Part 4 of the Historic Environment (Wales) Act 2023” ;

(c) in the second column of paragraph 15 of the table—

(i) omit “and (ii)”;

(ii) after sub-paragraph (b) insert—

15 (ii) The Historic Buildings and Monuments Commission for England.

Section 39 The Transport and Works (Model Clauses for Railways and Tramways) Order 2006

The Transport and Works (Model Clauses for Railways and Tramways) Order 2006 is amended as follows.

Section 40 The Transport and Works (Model Clauses for Railways and Tramways) Order 2006

In paragraph 16(6) of Schedule 1, after “1979” insert “or the Historic Environment (Wales) Act 2023” .

Section 41 The Transport and Works (Model Clauses for Railways and Tramways) Order 2006

In paragraph 21(6) of Schedule 2, after “1979” insert “or the Historic Environment (Wales) Act 2023” .

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

Section 42 The Transport and Works (Model Clauses for Railways and Tramways) Order 2006

In Schedule 1 to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 , in Part A—

(a) in paragraph 20, for the text in the second column substitute “Sections 96(1) and (2) and 97(1) to (8) of, and Schedule 9 paragraphs (1), (2) and (3) to, the Historic Environment (Wales) Act 2023 (asc 3).” ;

(b) in paragraph 21, for the text in the second column substitute “Sections 96(1) and 97(1) to (4) and (7) and (8) of the Historic Environment (Wales) Act 2023 as applied by section 163 of that Act.” ;

(c) in paragraph 22, in the second column, for “Section 13(1)” to “1990”, in the first place it occurs, substitute “Section 95(1) of the Historic Environment (Wales) Act 2023” ;

(d) in paragraph 23—

(i) in the first column, for “building preservation notice” substitute “temporary listing notice” ;

(ii) for the text in the second column substitute “Sections 83(1) and (2) and 84(1) and (2) of the Historic Environment (Wales) Act 2023.” ;

(e) in paragraph 24—

(i) in the first column, for “a” to the end, substitute “an enforcement notice.” ;

(ii) for the text in the second column substitute “Sections 123, 124 and 125 of the Historic Environment (Wales) Act 2023.” ;

(f) in paragraph 25, for the text in the second column substitute “Sections 137 to 139 and 111(5) of the Historic Environment (Wales) Act 2023.” ;

(g) in paragraph 26, for the text in the second column substitute “Section 135 of the Historic Environment (Wales) Act 2023.” ;

(h) in paragraph 27, for the text in the second column substitute “Section 144(1) and (3) to (7) of the Historic Environment (Wales) Act 2023.”

Section 43 The Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008

In regulation 4 of the Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008 —

(a) for paragraph (e) substitute—

(e) which is the subject of a temporary listing notice under section 83 or 84 of the Historic Environment (Wales) Act 2023 or is included in the list maintained under section 76(1) of that Act;

(b) in paragraph (f), for “section 1 of the Ancient Monuments and Archaeological Areas Act 1979” substitute “section 3 of the Historic Environment (Wales) Act 2023” .

Section 44 The REACH Enforcement Regulations 2008

In Schedule 5 to the REACH Enforcement Regulations 2008 , in Part 1, paragraph 8—

(a) in the definition of “historic building”—

(i) in sub-paragraph (e), omit “and Wales”;

(ii) after sub-paragraph (e) insert—

(ea) in relation to Wales, a listed building within the meaning of section 76 of the Historic Environment (Wales) Act 2023 which is classified as Grade I or Grade II (starred);

(b) in the definition of “scheduled monument”—

(i) in sub-paragraph (h), omit “, Wales”;

(ii) after sub-paragraph (h) insert—

(ha) in Wales, as it has in section 3 of the Historic Environment (Wales) Act 2023;

Section 45 The Overhead Lines (Exemption) (England and Wales) Regulations 2009

In regulation 3(2) of the Overhead Lines (Exemption) (England and Wales) Regulations 2009 —

(a) in the definition of “conservation area” and “listed building”—

(i) after “meanings” insert “in relation to areas and buildings in England” ;

(ii) after “1990” insert “and in relation to areas and buildings in Wales, have the meanings in section 210 of the Historic Environment (Wales) Act 2023” ;

(b) in the definition of “scheduled monument”—

(i) after “meaning” insert “in relation to monuments in England” ;

(ii) after “1979” insert “and in relation to monuments in Wales, has the meaning in section 3(7) of the Historic Environment (Wales) Act 2023” .

Section 46 The Corporation Tax (Land Remediation Relief) Order 2009

In the table in article 5 of the Corporation Tax (Land Remediation Relief) Order 2009 , after the entry for the Planning (Listed Buildings and Conservation Areas) Act 1990, insert—

Section 47 The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009

In regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 , in sub-paragraph (f) of the definition of “sensitive area”, for “the Ancient Monuments and Archaeological Areas Act 1979” substitute “section 3 of the Historic Environment (Wales) Act 2023” .

Section 48 The Infrastructure Planning (Decisions) Regulations 2010

In regulation 2 of the Infrastructure Planning (Decisions) Regulations 2010 —

(a) in the definition of “conservation area”—

(i) for “and in Scotland” substitute “, in Scotland” ;

(ii) after “1997” insert “and in Wales under section 158 of the Historic Environment (Wales) Act 2023” ;

(b) in the definition of “listed building”—

(i) for “and in Scotland” substitute “, in Scotland” ;

(ii) after “1997” insert “and in Wales under section 76 of the Historic Environment (Wales) Act 2023” ;

(c) in the definition of “scheduled monument”, after “1979” insert “and in Wales under section 3 of the Historic Environment (Wales) Act 2023” .

Section 49 The Building Regulations 2010

The Building Regulations 2010 are amended as follows.

Section 50 The Building Regulations 2010

In regulation 21, in paragraph (3)(a)—

(a) in paragraph (i), after “1990” insert “or section 76 of the Historic Environment (Wales) Act 2023” ;

(b) in paragraph (ii), for “that Act” substitute “the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 158 of the Historic Environment (Wales) Act 2023” ;

(c) in paragraph (iii), after “1979” insert “or section 3 of the Historic Environment (Wales) Act 2023” ;