SCHEDULE 13MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
I11Settled Land Act 1925 (c. 18)
In Part 2 of Schedule 3 to the Settled Land Act 1925, after paragraph (vi) insert—
vii
Works specified by the Welsh Ministers as being required for properly maintaining a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) on the settled land.
Historic Buildings and Ancient Monuments Act 1953 (c. 49)
I22
The Historic Buildings and Ancient Monuments Act 1953 is amended as follows.
I33
Omit section 4.
I44
In section 4A—
a
in the heading, for “section 4” substitute “section 3A”
;
b
in subsection (1)—
i
omit “or 4”;
ii
omit “or (as the case may be) by the Secretary of State”;
c
in subsections (3), (4) and (8), omit “or (as the case may be) by the Secretary of State”.
I55
1
In section 5, after subsection (5) insert—
6
In this section references to a building do not include a building situated wholly or mainly in Wales.
2
This paragraph does not apply in relation to property that was acquired or accepted before it comes into force.
I66
Omit section 6.
I77
In section 8, after subsection (7) insert—
8
In this section references to a building do not include a building situated wholly or mainly in Wales.
I88Land Powers (Defence) Act 1958 (c. 30)
In section 6(4)(b) of the Land Powers (Defence) Act 1958, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or section 3 of the Historic Environment (Wales) Act 2023”
.
I99Public Health Act 1961 (c. 64)
In the table in Schedule 4 to the Public Health Act 1961, after the entry relating to section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 insert—
A building which is included in the schedule of monuments maintained under section 3 of the Historic Environment (Wales) Act 2023 or the list of buildings maintained under section 76 of that Act, except—
- a
a building owned by railway, canal, dock, harbour or inland navigation undertakers,
- b
a building owned by a holder of a licence under section 6 of the Electricity Act 1989 (c. 29),
- c
a building owned by a gas transporter (within the meaning given by section 7(1) of the Gas Act 1986 (c. 44)), or
- d
a building forming part of an aerodrome.
The Welsh Ministers.
I1010Compulsory Purchase Act 1965 (c. 56)
In section 1(4) of the Compulsory Purchase Act 1965—
a
for “or section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “, section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 136 of the Historic Environment (Wales) Act 2023,”
;
b
after “section 52(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 136(4) of the Historic Environment (Wales) Act 2023”
.
I1111Mines (Working Facilities and Support) Act 1966 (c. 4)
In section 7 of the Mines (Working Facilities and Support) Act 1966, after subsection (8) insert—
9
For the purposes of this section, where any building or work is a monument of special historic interest within the meaning of Part 2 of the Historic Environment (Wales) Act 2023 and is, in pursuance of that Part, under the guardianship of the Welsh Ministers or a local authority, the Welsh Ministers or the local authority, as the case may be, shall be deemed to be persons entitled to make an application under this section.
I1212Civic Amenities Act 1967 (c. 69)
Omit section 4 of the Civic Amenities Act 1967.
Redundant Churches and other Religious Buildings Act 1969 (c. 22)
I1313
The Redundant Churches and other Religious Buildings Act 1969 is amended as follows.
I1414
In section 4—
a
in subsection (2)(b), after sub-paragraph (i) insert—
ia
the Welsh Ministers,
b
in subsection (9), after “in relation to” insert “the Secretary of State and”
;
c
after subsection (9) insert—
9A
In relation to the Welsh Ministers—
a
this section only applies to any premises falling within subsection (1) if they are situated in Wales, and
b
references in this section to land are references only to land situated in Wales.
d
in subsection (10)—
i
in paragraph (a), after “the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or the Historic Environment (Wales) Act 2023”
;
ii
in paragraph (b), after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”
.
I1515
In section 5(1), after “Secretary of State,”, in both places, insert “the Welsh Ministers,”
.
I1616Local Government Act 1972 (c. 70)
In section 131(2) of the Local Government Act 1972, after paragraph (m) insert—
and
n
Part 2 of the Historic Environment (Wales) Act 2023.
I1717Land Compensation Act 1973 (c. 26)
In section 33D(4)(d) of the Land Compensation Act 1973, after “section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 138 of the Historic Environment (Wales) Act 2023”
.
I1818Estate Agents Act 1979 (c. 38)
In section 1(2)(e) of the Estate Agents Act 1979, after “the Planning (Listed Buildings and Conservation Areas) Act 1990,” insert “Parts 3 to 5 of the Historic Environment (Wales) Act 2023,”
.
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
I1919
The Ancient Monuments and Archaeological Areas Act 1979 is amended as follows.
I2020
In section 1—
a
in subsection (3), for “subsection” substitute “subsections (3A) and”
;
b
after subsection (3) insert—
3A
The power of the Secretary of State under subsection (3) above to include any monument in the Schedule does not apply to a monument situated in Wales (and in this subsection “Wales has the meaning given by section 158(1) of the Government of Wales Act 2006).
c
omit subsection (5A);
d
for subsection (6A) substitute—
6A
As soon as may be after—
a
including any monument in England in the Schedule under subsection (3) above;
b
amending the entry in the Schedule relating to any such monument; or
c
excluding the entry in the Schedule relating to any such monument;
the Secretary of State shall inform the Commission of the action taken and, in a case falling within paragraph (a) or (b), shall also send to the Commission a copy of the entry or (as the case may be) of the amended entry in the Schedule relating to that monument.
e
omit subsections (6B) and (6C);
f
in subsection (9) omit “and Wales”.
I2121
Omit sections 1AA to 1AE.
I2222
In section 2—
a
omit subsections (3A) and (3B);
b
in subsection (5)—
i
in paragraph (a), omit “(in a case where the monument in question is situated in England), or”;
ii
omit paragraph (b);
c
omit subsections (5A) and (5B);
d
omit subsection (6A);
e
in subsection (8), omit “which have been executed in relation to a scheduled monument situated in England or land in, on or under which there is such a scheduled monument”;
f
omit subsection (8A).
I2323
In section 4(3), omit “Where a direction would (if given) affect a monument situated in England,”.
I2424
In section 6, omit subsection (5).
I2525
In section 7(1), omit “the Secretary of State or (where the monument in question is situated in England)”.
I2626
In section 8—
a
in subsection (2A), omit paragraph (c);
b
in subsection (6), omit “and Wales”.
I2727
In section 9(1), omit “the Secretary of State or (where the monument in question is situated in England)”.
I2828
Omit sections 9ZA and 9ZB and the italic heading before section 9ZA.
I2929
Omit sections 9ZC to 9ZH and the italic heading before section 9ZC.
I3030
Omit sections 9ZI to 9ZL and the italic heading before section 9ZI.
I3131
Omit section 9ZM and the italic heading before it.
I3232
In section 26, omit subsection (4).
I3333
In section 27(2), for “section 1AD, 7, 9 or 9ZL” substitute “section 7 or 9”
.
I3434
In section 28—
a
in subsection (1), omit “situated in England”;
b
omit subsection (1A).
I3535
In section 33—
a
after subsection (1) insert—
1A
An order under subsection (1) may not designate an area in Wales.
b
in subsection (5), omit “and Wales”.
I3636
In section 35(5), omit paragraph (aa).
I3737
In section 38—
a
in subsection (3)(b), omit “and Wales”;
b
in subsection (9)(b), omit “and Wales”.
I3838
Omit section 41A and the italic heading before it.
I3939
In section 42—
a
in subsection (1), omit “or of the Secretary of State (in any other case)”;
b
in subsection (3), omit “or of the Secretary of State (in any other case)”;
c
in subsection (4), omit “the Secretary of State or”;
d
in subsection (5)(a), omit “the Secretary of State or”;
e
in subsection (7), omit “relating to a protected place situated in England”;
f
omit subsection (8).
I4040
In section 44(2), in the second sentence, omit the words from “, or in relation to” to the end.
I4141
In section 45—
a
omit subsection (1);
b
in subsection (3), omit “The Secretary of State or”.
I4242
In section 46(3), omit “9ZF, 9ZJ,”.
I4343
In section 50, omit subsection (3A).
I4444
In section 51(3), omit “1AD, 9ZL,”.
I4545
In section 53—
a
in subsection (2), for “, or of Wales; and, subject to subsection (2B),” substitute “and”
;
b
omit subsections (2A) and (2B).
I4646
In section 55, omit subsection (3A).
I4747
In section 56—
a
in subsection (1), omit paragraph (ca) and the “or” after it;
b
omit subsection (1A);
c
omit subsection (3).
I4848
In section 60—
a
omit subsection (1A);
b
omit subsections (3), (4) and (5).
I4949
In section 61—
a
in subsection (1)—
i
omit the definitions of “address”, “electronic communication” and “interim protection”;
ii
in the definition of “local authority”, omit paragraph (aa);
iii
in the definition of “owner”, omit “sections 9ZA and 9ZB and”;
iv
in the definition of “scheduled monument consent”, omit “and (3B)”;
b
omit subsection (2B);
c
in subsection (6), omit “(other than in section 9ZA)”;
d
in subsection (7), omit paragraph (d) and the “and” before it;
e
omit subsection (7A);
f
in subsection (12), in paragraph (b), at the end insert “, except any monument situated wholly or mainly in Wales”
.
I5050
Omit Schedules A1 and A2.
I5151
In Schedule 1—
a
in paragraph 1, omit sub-paragraph (3);
b
in paragraph 2(4), omit “or of regulations made by the Welsh Ministers under it”;
c
omit paragraph 2B;
d
in paragraph 3, omit sub-paragraph (5);
e
omit paragraph 3A;
f
in paragraph 4(1), omit “and Wales”;
g
in paragraph 5(1A), omit “Where the monument in question is situated in England,”.
I5252Local Government, Planning and Land Act 1980 (c. 65)
In section 148(3) of the Local Government, Planning and Land Act 1980, after “(which relates to the compilation or approval by the Secretary of State of lists of buildings of special architectural or historic interest)” insert “, under section 76 of the Historic Environment (Wales) Act 2023 (which makes similar provision for Wales),”
.
Highways Act 1980 (c. 66)
I5353
The Highways Act 1980 is amended as follows.
I5454
In section 79(15)—
a
in paragraph (a), after “local highway authority” insert “in England”
;
b
after that paragraph insert—
aa
authorises the service by a local highway authority in Wales of a notice under this section with respect to any wall forming part of a monument of special historic interest (within the meaning of Part 2 of the Historic Environment (Wales) Act 2023) or other object of archaeological interest, except with the consent of the Welsh Ministers; or
I5555
In section 105ZA(1), in paragraph (g) of the definition of “sensitive area”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”
.
I5656New Towns Act 1981 (c. 64)
In section 8 of the New Towns Act 1981, at the end insert “or under section 76 of the Historic Environment (Wales) Act 2023 (which makes similar provision for Wales)”
.
I5757Acquisition of Land Act 1981 (c. 67)
In section 31(1)(a) of the Acquisition of Land Act 1981, after “Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Part 3 of the Historic Environment (Wales) Act 2023”
.
I5858National Heritage Act 1983 (c. 47)
In Schedule 4 to the National Heritage Act 1983—
a
omit paragraph 4;
b
omit paragraph 8;
c
omit paragraph 31.
I5959Inheritance Tax Act 1984 (c. 51)
In section 230(3)(c) of the Inheritance Tax Act 1984, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “, or of which the Welsh Ministers are guardians under Part 2 of the Historic Environment (Wales) Act 2023”
.
Building Act 1984 (c. 55)
I6060
The Building Act 1984 is amended as follows.
I6161
In section 1A(2)—
a
in paragraph (a), after “(see section 1(5) of that Act)” insert “or the Historic Environment (Wales) Act 2023 (see section 76 of that Act)”
;
b
in paragraph (b), for “that Act” substitute “the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 158 of the Historic Environment (Wales) Act 2023”
.
I6262
In section 20(1), after “the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “, Part 3 of the Historic Environment (Wales) Act 2023”
.
I6363
In section 77(3), after “subject to” insert “section 79A and to”
.
I6464
In section 79(5), after “subject to” insert “section 79A and to”
.
I6565
After section 79 insert—
79AWales: exercise of powers under sections 77 and 79 in relation to listed buildings, buildings in conservation areas etc.
1
Before taking any steps mentioned in subsection (3) in relation to a listed building, a local authority in Wales must—
a
if it is the planning authority for the area in which the building is situated, consider whether it should instead exercise its powers under sections 137 and 138 of the Historic Environment (Wales) Act 2023 (compulsory acquisition and repairs notices), and
b
in any case, consider whether it should instead exercise its powers under section 144 of that Act (urgent preservation works).
2
Before taking any steps mentioned in subsection (3) in relation to—
a
a building in relation to which interim protection or temporary listing has effect under Chapter 1 of Part 3 of the Historic Environment (Wales) Act 2023, or
b
a building that is subject to a direction under section 164 of that Act (urgent works to preserve buildings in conservation areas),
a local authority in Wales must consider whether it should instead exercise its powers under section 144 of that Act.
3
The steps referred to in subsections (1) and (2) are steps with a view to—
a
obtaining an order under section 77(1)(a), or
b
serving a notice under section 79(1).
4
In subsection (1), “listed building and “planning authority have the same meanings as in the Historic Environment (Wales) Act 2023.
Housing Act 1985 (c. 68)
I6666
The Housing Act 1985 is amended as follows.
I6767
In section 303, after “section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 76 of the Historic Environment (Wales) Act 2023”
.
I6868
In section 305—
a
in subsection (1), after “Where a building” insert “in England”
;
b
after subsection (1) insert—
1A
Where a building in Wales to which a compulsory purchase order under section 290 applies becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.
c
in subsection (2), after “Secretary of State gives” insert “, or (as the case may be) the Welsh Ministers give,”
.
I6969
In section 306—
a
in subsection (1), after “applies to a building” insert “in England”
;
b
after subsection (1) insert—
1A
Where section 291 applies to a building in Wales purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.
I7070Protection of Military Remains Act 1986 (c. 35)
In section 9(1) of the Protection of Military Remains Act 1986, in the definition of “Crown land”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “except that in relation to land in Wales, it has the meaning given in section 207 of the Historic Environment (Wales) Act 2023”
.
Town and Country Planning Act 1990 (c. 8)
I7171
The Town and Country Planning Act 1990 is amended as follows.
I7272
In section 70(3), as it has effect before section 5(8) of the Housing and Planning Act 2016 (c. 22) comes into force, after “Planning (Listed Buildings and Conservation Areas) Act 1990” insert “, to section 160 of the Historic Environment (Wales) Act 2023”
.
I7373
In section 108(3F), at the end insert “or the Historic Environment (Wales) Act 2023”
.
I7474
In section 137—
a
in subsection (6)—
i
in the words before paragraph (a), after “section 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 138 of the Historic Environment (Wales) Act 2023”
;
ii
in paragraph (b), for “that Act” substitute “the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 137 of the Historic Environment (Wales) Act 2023”
;
b
in subsection (7)(b)(i)—
i
after “Secretary of State” insert “or the Welsh Ministers”
;
ii
after “he decides” insert “or they decide”
.
I7575
In section 143(4), after “Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 100 or 127 of the Historic Environment (Wales) Act 2023”
.
I7676
In section 157(1)(b)—
a
after “section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 137 of the Historic Environment (Wales) Act 2023”
;
b
after “section 50 of that Act of 1990” insert “or section 140 of that Act of 2023”
.
I7777
In section 232(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I7878
In section 235(6), in the definition of “alternative enactment”, after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I7979
In section 240(3), in the definition of “relevant acquisition or appropriation”, after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8080
In section 241(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8181
In section 243(3)(b), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8282
In section 246(1)(a), after “section 52 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 136 of the Historic Environment (Wales) Act 2023”
.
I8383
In section 271(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8484
In section 272(1), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8585
In section 275—
a
in subsection (1)(a), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
;
b
in subsection (2)(a), for “that Chapter” substitute “either of those Chapters”
;
c
in subsection (3), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8686
In section 277(2)(a), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I8787
In section 303, after subsection (1) insert—
1ZZA
References in subsection (1) to functions of a local planning authority do not, in the case of a local planning authority in Wales, include functions under the Historic Environment (Wales) Act 2023 (as to which, see section 167 of that Act).
I8888
In section 303ZA(5)(b), which is inserted by section 200 of the Planning Act 2008 (c. 29), after “the Welsh Ministers” insert “in relation to appeals under any provision made by or under this Act as it applies”
.
I8989
In section 306(1)(a), after “Chapter V of Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023”
.
I9090
Before section 315 (but after the italic heading before that section) insert—
314AWales: duties relating to listed buildings and features of architectural or historic interest
1
In considering whether to grant planning permission for development which affects a listed building or its setting, the Welsh Ministers or a local planning authority in Wales must have special regard to the desirability of preserving—
a
the listed building,
b
the setting of the building, or
c
any features of special architectural or historic interest the building possesses.
2
In exercising the powers conferred by sections 232, 233 and 235(1) (appropriation, disposal and development of land held for planning purposes), a relevant local authority must have regard to the desirability of preserving features of special architectural or historic interest, and in particular listed buildings.
3
In subsection (2), “relevant local authority” means—
a
a county council or county borough council in Wales;
b
a National Park authority in Wales;
c
a joint planning board constituted under section 2(1B).
4
In this section, “listed building” means—
a
a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales, or
b
a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England.
I9191
In section 336(1)—
a
in the definition of “conservation area”, after “section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990” insert “or section 158 of the Historic Environment (Wales) Act 2023”
;
b
in the definition of “the planning Acts”, after “Planning (Listed Buildings and Conservation Areas) Act 1990,” insert “Parts 3 to 5 of the Historic Environment (Wales) Act 2023 (and Part 7 of that Act as it applies for the purposes of those Parts)”
.
I9292
In Schedule 4B, in paragraph 8(5), for “has the same meaning as in the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute—
means—
a
a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England, or
b
a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
I9393
The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.
I9494
In section 1—
a
in subsection (1), after “buildings of special architectural or historic interest” insert “in England”
;
b
omit subsection (2);
c
in subsection (4), omit “in relation to buildings which are situated in England”;
d
omit subsection (4A);
e
in subsection (5A), omit “situated in England”.
I9595
In section 2—
a
in subsection (1)—
i
in the words before paragraph (a), omit “, Welsh county, county borough,”;
ii
after paragraph (a), insert “and”
;
iii
omit paragraph (c) and the “and” before it;
b
in subsection (3), in the words before paragraph (a)—
i
omit “situated in England”;
ii
for “any such building” substitute “any building”
;
c
omit subsections (3A) and (3B).
I9696
Omit sections 2A to 2D.
I9797
In section 3—
a
in the heading, omit “in England”;
b
in subsection (1), for “If it appears to a local planning authority in England who are not a county planning authority” substitute “If it appears to a local planning authority, other than a county planning authority,”
;
c
in subsections (2), (3), (4), (5) and (6), omit “under this section”.
I9898
Omit section 3A.
I9999
In section 4(2), for “sections 3 and 3A,” substitute “section 3,”
.
I100100
In section 5—
a
at the beginning of subsection (1), omit “(1)”;
b
omit subsection (2).
I101101
In section 6—
a
in the heading, omit “: England”;
b
in subsection (A1), omit “situated in England”.
I102102
Omit section 6A.
I103103
In section 8—
a
in subsection (4)—
i
in paragraph (a), omit “in relation to England,”;
ii
omit paragraph (b);
b
in subsection (6), omit paragraph (b) and the “and” before it.
I104104
In section 9, omit subsection (3A).
I105105
In section 12, omit subsection (4B).
I106106
In section 15(3), omit “in England”.
I107107
In section 20—
a
in subsection (4), omit “in relation to England”;
b
omit subsection (5).
I108108
In section 21—
a
in subsection (4), omit “interim protection has effect or”;
b
omit subsections (4A) and (4B);
c
omit subsection (9).
I109109
In section 22—
a
omit subsection (2B);
b
in subsection (3), for “an appeal under section 20” substitute “the appeal”
.
I110110
In section 26A(1), omit “, situated in England”.
I111111
In section 26C(1), omit “in England”.
I112112
In section 26D(1), omit “for any area in England”.
I113113
In section 26H(1), omit “in England”.
I114114
Omit sections 26L and 26M and the italic heading before section 26L.
I115115
Omit section 28B.
I116116
In section 29—
a
in subsection (1), omit “in respect of a building situated in England”;
b
omit subsection (1A).
I117117
In section 31(2), for “28, 28B, 29 and 44D” substitute “28 and 29”
.
I118118
In section 32(1), in the words after paragraph (b), omit “, Welsh county, county borough,”.
I119119
In section 34(2)—
a
in paragraph (c), omit “in England”;
b
omit paragraph (cc).
I120120
In section 40, omit subsection (2B).
I121121
In section 41—
a
in subsection (4)—
i
omit “section 40(2) would otherwise apply and”;
ii
omit “of this section”;
b
in subsection (8), omit “in England”.
I122122
In section 44A(4), omit “, as respects England,”.
I123123
Omit sections 44B to 44D.
I124124
In section 46—
a
in subsection (2)(b), omit “if the land is situated in England,”;
b
in subsection (5), omit “in England”.
I125125
In section 47—
a
in subsection (3)(a), omit “situated in England”;
b
in subsection (7), in the definition of “the appropriate authority,” in paragraph (a), omit “, county borough”.
I126126
In section 48(4), omit “situated in England”.
I127127
In section 49—
a
in the heading, after “listed building” insert “in England or Wales”
;
b
the existing provision becomes subsection (1);
c
after that subsection insert—
2
In subsection (1)—
a
the reference to a building which was listed includes a building in Wales which was included in the list maintained under section 76 of the Historic Environment (Wales) Act 2023;
b
in relation to such a building—
i
the reference to section 50 of this Act is to be read as a reference to section 140 of that Act;
ii
the reference to listed building consent is a reference to consent under section 89 of that Act.
I128128
In section 52(1)—
a
in the words before paragraph (a)—
i
for “, county borough,” substitute “in England,”
;
ii
after “joint planning board for an area” insert “in England”
;
b
in paragraph (a), after “building” insert “situated wholly or mainly in England”
.
I129129
In section 53(3), omit “if they relate to property situated in England”.
I130130
In section 54—
a
in subsection (2)—
i
in paragraph (a), omit “if the building is in England”;
ii
omit paragraph (b);
b
in subsection (4), omit “, in the case of a building in England,”;
c
omit subsection (4A);
d
omit subsection (5A);
e
in subsection (6), omit “or (5A)”.
I131131
In section 55, omit subsections (5A) to (5G).
I132132
In section 57(7)—
a
in paragraph (a), for “, county borough,” substitute “in England,”
;
b
in paragraph (b), after “principal Act” insert “for an area in England”
.
I133133
In section 60(2), omit “, 3A”.
I134134
In section 61(2), for “sections 2B, 3, 3A,” substitute “sections 3,”
.
I135135
In section 62(2), omit paragraph (za).
I136136
In section 66, after subsection (4) insert—
5
In this section, “listed building includes a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.
I137137
In section 70—
a
in subsection (5)(b), omit “it affects an area in England and”;
b
in subsection (6)(b), omit “if it affects an area in England,”.
I138138
In section 74—
a
omit subsections (1), (1A) and (2);
b
in subsection (2A), omit “in England”;
c
omit subsections (3) and (4).
I139139
In section 75—
a
omit subsection (6);
b
omit subsection (10);
c
in subsection (11), omit “under section 9 or 43 or”.
I140140
In section 76(2), omit “in respect of a building in England”.
I141141
In section 77—
a
in subsection (1), omit “situated in England”;
b
omit subsection (2);
c
in subsection (3), omit “or (2)”;
d
in subsection (4), omit “or, as the case may be, the Secretary of State”;
e
omit subsection (6).
I142142
In section 79—
a
in subsection (1), omit “, or the Secretary of State and one or more local authorities in Wales,”;
b
in subsection (3), omit paragraph (aa).
I143143
In section 80—
a
in subsection (1)(b), omit “in England”;
b
omit subsection (2);
c
in subsection (3), omit “or, as the case may be, the Secretary of State” in both places;
d
in subsection (5), omit “or the Secretary of State”.
I144144
In section 81, after ““local planning authority”” insert “means a local planning authority for an area in England and”
.
I145145
In section 82—
a
in subsection (1)—
i
omit “, (2)”;
ii
omit “to 2D,”;
b
in subsection (3)—
i
omit “2B, 2C,”;
ii
omit “28B,”;
iii
omit “, 1A”.
I146146
In section 82A(2), omit paragraph (fa).
I147147
In section 86(2)—
a
in paragraph (a), omit “if the property is situated in England, then”;
b
in paragraph (b), omit “in any case,”.
I148148
In section 88—
a
omit subsection (3A);
b
in subsection (4), for “, 28B, 29 or 44D” substitute “or 29”
.
I149149
In section 88B, omit subsection (1A).
I150150
In section 88D—
a
in the heading, omit “: England”;
b
in subsection (7), in paragraphs (a), (b) and (c), omit “in England”.
I151151
Omit section 88E.
I152152
In section 89—
a
in subsection (1)—
i
omit the entry for sections 319ZA to 319ZD;
ii
in the entry for section 322, omit “: England”;
iii
omit the entry for section 322C;
iv
in the entry for section 323, omit “: England”;
v
omit the entry for section 323A;
b
in subsection (1A), omit “In the case of a building situated in England,”.
I153153
In section 90(5), after “council of a county” insert “in England”
.
I154154
In section 91—
a
in subsection (1)—
i
in the definition of “building preservation notice”, for “sections 3(1) and 3A(1)” substitute “section 3(1);
ii
omit the definition of “interim protection”;
b
in subsection (2), in the words after the list of expressions, omit “, 26L or 26M”.
I155155
In section 93—
a
in subsection (1), omit “in relation to England and the Welsh Ministers may make regulations under this Act in relation to Wales”;
b
in subsection (3)—
i
omit “, other than regulations under section 2A, 26M or 56A,”;
ii
omit “(in the case of regulations made by the Secretary of State) or the National Assembly for Wales (in the case of regulations made by the Welsh Ministers)”;
c
omit subsection (3A);
d
in subsection (4)—
i
omit “55(5B),”;
ii
omit “, 88E”;
e
in subsection (5)—
i
omit “55(5B),”;
ii
omit “(in the case of an order made by the Secretary of State) or the National Assembly for Wales (in the case of an order made by the Welsh Ministers)”;
f
in subsection (6), omit “or (as the case may be) the Welsh Ministers”.
I156156
In Schedule 1, in paragraph 2—
a
in sub-paragraph (3), omit “situated in England”;
b
omit sub-paragraph (4).
I157157
Omit Schedules 1A and 1B.
I158158
In Schedule 2—
a
in paragraph 1—
i
after sub-paragraph (a) insert “or”
;
ii
omit sub-paragraphs (c) and (d);
b
in paragraph 2, for “, 43 or 44C” substitute “or 43”
;
c
omit paragraph 5.
I159159
In Schedule 3—
a
in paragraph 2—
i
omit sub-paragraph (4B);
ii
omit sub-paragraph (10);
b
in paragraph 3—
i
omit sub-paragraphs (4C) and (4D);
ii
in sub-paragraph (5), omit “or (4D)”;
c
in paragraph 6—
i
omit sub-paragraph (1B);
ii
in sub-paragraph (2)(a), omit “or this paragraph”;
iii
in sub-paragraph (4), omit “in England”;
iv
omit sub-paragraph (4A);
v
in sub-paragraph (5), for “inquiry held by virtue of this paragraph” substitute “such inquiry”
;
vi
in sub-paragraph (8), omit “in England”;
d
in paragraph 7, omit sub-paragraph (3);
e
omit paragraph 8 and the italic heading before it.
I160160
In Schedule 4—
a
in paragraph 1—
i
at the beginning of sub-paragraph (1), omit “(1)”;
ii
omit sub-paragraph (2);
b
in paragraph 7(1)—
i
omit “3A,”;
ii
omit “44D,”.
I161161Planning and Compensation Act 1991 (c. 34)
In Part 1 of Schedule 18 to the Planning and Compensation Act 1991, after the entry relating to section 29(5) of the Land Drainage Act 1991 insert—
Section 8 of the Historic Environment (Wales) Act 2023
Date interim protection takes effect
Section 21 of that Act
Date scheduled monument consent is refused or granted subject to conditions
Section 24 of that Act
Date works ceased to be authorised
Section 28 of that Act
Date notice of proposed termination is served
Section 34 of that Act
Date temporary stop notice takes effect
Section 70 of that Act
Date damage is caused
Section 80 of that Act
Date interim protection takes effect
Section 86 of that Act
Date temporary listing notice is served
Section 108 of that Act
Date modification or revocation of consent takes effect
Section 116 of that Act
Date termination of agreement or provision takes effect
Section 122 of that Act
Date temporary stop notice takes effect
Section 155(4) of that Act
Date damage is caused
I162162Coal Mining Subsidence Act 1991 (c. 45)
In section 19 of the Coal Mining Subsidence Act 1991, after subsection (1) insert—
1A
This section also applies where any property in Wales which—
a
is a scheduled monument within the meaning given by section 3 of the Historic Environment (Wales) Act 2023,
b
has been notified to the Corporation by the Secretary of State as a monument of special historic interest, within the meaning given by section 75(6) of that Act, for the time being under the guardianship of the Welsh Ministers, or
c
is a listed building within the meaning given by section 76 of that Act, and is not of a description specified in an order made by the Secretary of State,
is affected by subsidence damage and the character of the property as one of historic, architectural, archaeological or other special interest is or may be affected by that damage.
I163163Land Drainage Act 1991 (c. 59)
In section 67(3) of the Land Drainage Act 1991, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or Part 2 of the Historic Environment (Wales) Act 2023”
.
I164164Protection of Badgers Act 1992 (c. 51)
In section 10(1)(e) of the Protection of Badgers Act 1992, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or section 3 of the Historic Environment (Wales) Act 2023”
.
I165165Tribunals and Inquiries Act 1992 (c. 53)
In section 16(1) of the Tribunals and Inquiries Act 1992, in the definition of “statutory inquiry”, for “the Planning (Listed Buildings and Conservation Areas) Act 1990” substitute “Parts 3 to 5 of the Historic Environment (Wales) Act 2023”
.
I166166Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
In section 70 of the Leasehold Reform, Housing and Urban Development Act 1993—
a
in subsection (14)—
i
in the words before paragraph (a), for “in section 73” substitute “section 73 as they apply in relation to England,”
;
ii
in paragraph (a), after “Town and Country Planning Act 1990” insert “as it applies in relation to England,”
;
b
after subsection (14) insert—
15
In this section and section 73 as they apply in relation to Wales—
a
“conservation area” has the same meaning as in the Historic Environment (Wales) Act 2023;
b
“local planning authority” is to be interpreted in accordance with Part 1 of the Town and Country Planning Act 1990,
and in that Part as it applies in relation to Wales references to “the planning Acts are to be treated as including this Act.
Local Government (Wales) Act 1994 (c. 19)
I167167
The Local Government (Wales) Act 1994 is amended as follows.
I168168
In Schedule 6, omit paragraph 25 and the italic heading before it.
I169169
In Schedule 16, omit paragraph 56 and the italic heading before it.
I170170Value Added Tax Act 1994 (c. 23)
In Schedule 8 to the Value Added Tax Act 1994, in Group 6, in Note (1)—
a
in paragraph (a), after sub-paragraph (i) insert—
ia
the Historic Environment (Wales) Act 2023; or
b
in paragraph (b), after sub-paragraph (i) insert—
ia
the Historic Environment (Wales) Act 2023; or
Criminal Justice and Public Order Act 1994 (c. 33)
I171171
The Criminal Justice and Public Order Act 1994 is amended as follows.
I172172
In section 60C(8), in paragraph (b) of the definition of “land”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”
.
I173173
In section 61(9), in paragraph (a)(ii) of the definition of “land”, after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”
.
I174174
In section 62E(2)(b), after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or the Historic Environment (Wales) Act 2023”
.
I175175Environment Act 1995 (c. 25)
In Schedule 9 to the Environment Act 1995, in paragraph 13(1), omit “and in section 6 of the Historic Buildings and Ancient Monuments Act 1953 (under which grants for the acquisition of buildings in Wales may be made)”.
I176176Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11)
In Schedule 2 to the Planning (Consequential Provisions) (Scotland) Act 1997, in paragraph 4, omit sub-paragraph (2).
I177177National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, omit the entries for—
a
the Historic Buildings and Ancient Monuments Act 1953;
b
the Mines (Working Facilities and Support) Act 1966;
c
the Ancient Monuments and Archaeological Areas Act 1979;
d
the Planning (Listed Buildings and Conservation Areas) Act 1990.
Countryside and Rights of Way Act 2000 (c. 37)
I178178
The Countryside and Rights of Way Act 2000 is amended as follows.
I179179
In section 15(1), after paragraph (d) insert—
or
e
the public have access to it under subsection (1) of section 55 of the Historic Environment (Wales) Act 2023 (public access to monuments under public control) or would have access to it under that subsection but for any of the things mentioned in paragraphs (a) to (c) of that subsection.
I180180
In section 26(3)(b)(i), after “the Ancient Monuments and Archaeological Areas Act 1979” insert “or section 3 of the Historic Environment (Wales) Act 2023”
.
I181181Planning and Compulsory Purchase Act 2004 (c. 5)
In section 81 of the Planning and Compulsory Purchase Act 2004, omit subsection (2).
Government of Wales Act 2006 (c. 32)
I182182
The Government of Wales Act 2006 is amended as follows.
I183183
In Schedule 3A, in the table in paragraph 1, omit the entry relating to paragraph 6(6) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990.
I184184
In Schedule 10, omit paragraph 36.
I185185National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353)
In the National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007—
a
omit article 3;
b
omit article 5.
I186186Regulatory Enforcement and Sanctions Act 2008 (c. 13)
In Schedule 7 to the Regulatory Enforcement and Sanctions Act 2008, at the appropriate place insert—
Historic Environment (Wales) Act 2023, section 147
I187187Planning Act 2008 (c. 29)
In Schedule 2 to the Planning Act 2008, omit paragraph 41.
I188188Enterprise and Regulatory Reform Act 2013 (c. 24)
In Schedule 17 to the Enterprise and Regulatory Reform Act 2013, in paragraph 12—
a
omit sub-paragraph (2);
b
omit sub-paragraphs (4) and (5).
Planning (Wales) Act 2015 (anaw 4)
I189189
The Planning (Wales) Act 2015 is amended as follows.
I190190
Omit section 39(3).
I191191
Omit section 47(3).
I192192
In Schedule 5, omit paragraphs 19 to 22 and the italic heading before paragraph 19.
I193193Historic Environment (Wales) Act 2016 (anaw 4)
The Historic Environment (Wales) Act 2016 is repealed.
I194194Housing and Planning Act 2016 (c. 22)
In section 5(8) of the Housing and Planning Act 2016, in the new section 70(3) of the Town and Country Planning Act 1990, after paragraph (c) insert—
ca
section 160 of the Historic Environment (Wales) Act 2023;
I195195Public Services Ombudsman (Wales) Act 2019 (anaw 3)
In Schedule 5 to the Public Services Ombudsman (Wales) Act 2019—
a
omit paragraph 10 and the italic heading before it;
b
omit paragraphs 13 and 14 and the italic heading before paragraph 13.
I196196Sentencing Act 2020 (c. 17)
In section 137(3) of the Sentencing Act 2020, for “is to be made” substitute “in England is to be made, and section 59 of the Historic Environment (Wales) Act 2023 makes equivalent provision for monuments in Wales”
.