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

Contents

1Title and coming into force#

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

(2)These Regulations come into force on 3 November 2024.

2Consequential provision and saving#

Schedule 13 to the Historic Environment (Wales) Act 2023 is amended as follows.

3Consequential provision and saving#

After paragraph 9, insert—“9A In Schedule 3 to the Harbours Act 1964, in paragraph 1, in the definition of “sensitive area”, in paragraph (h), at the end insert “or section 3 of the Historic Environment (Wales) Act 2023”.”

4Consequential provision and saving#

Omit paragraph 73.

5Consequential provision and saving#

After paragraph 106, insert—“106A In section 17(4), omit “in relation to England”.”

6Consequential provision and saving#

For paragraph 116, substitute—“116 Omit section 29.”

7Consequential provision and saving#

After paragraph 116, insert—“116A In section 30—a in subsection (1)—i omit paragraph (c);ii in the words after the paragraphs, for “those sections” substitute “section 28”;b in subsection (2), omit “or 29”.”

8Consequential provision and saving#

For paragraph 117, substitute—“117 In section 31—a in subsection (2), for “28, 28B, 29, 44AC and 44D” substitute “28 and 44AC”;b in subsection (4), for “sections 28 and 29” substitute “section 28”.”

9Consequential provision and saving#

After paragraph 122, insert—“122A In section 44AA(1) and in the heading before it, omit “in England” in both places it occurs.122B In the heading to section 44AB, omit “in England”.122C In the heading to section 44AC, omit “in England”.”

10Consequential provision and saving#

In paragraph 124, before sub-paragraph (a) insert—“za in subsection (1A), omit “in England”;”

11Consequential provision and saving#

For paragraph 130, substitute—“130 In section 54—a in subsection (2)—i in paragraph (a), omit “if the building is in England,”;ii omit paragraph (b) and the “or” before it;b in subsection (4), omit “, in the case of a building in England,”;c omit subsection (4A);d in subsection (5), omit “, in the case of works authorised under subsection (2)(a),”;e omit subsection (5A);f in subsection (6), omit “or (5A)”.”

12Consequential provision and saving#

For paragraph 145(b)(ii), substitute—“ii omit “28B, 29,”;”

13Consequential provision and saving#

After paragraph 147, insert—“147A Omit section 86(3).”

14Consequential provision and saving#

In paragraph 148—

(a)before sub-paragraph (a), insert—“za in subsection (3ZA), omit “in England”;”

(b)for sub-paragraph (b), substitute—“b in subsection (4), for “, 28B, 29, 44AC or 44D” substitute “or 44AC”.”

15Consequential provision and saving#

In paragraph 152(a), at the end insert—“vi in the entry for section 327ZA, omit “in England”;”

16Consequential provision and saving#

For paragraph 153, substitute—“153 In section 90—a in subsection (5), after “council of a county” insert “in England”;b in subsection (6)(b), for “29” substitute “28A”;c in subsection (7)(a), for “sections 28 or 29” substitute “section 28”.”

17Consequential provision and saving#

After paragraph 154, insert—“154A In section 92(2)(b), for “29” substitute “28A”.”

18Consequential provision and saving#

Omit paragraph 155(f).

19Consequential provision and saving#

In paragraph 158, for sub-paragraph (b) substitute—“b in paragraph 2, for “, 44AB or 44C” substitute “or 44AB”;”

20Consequential provision and saving#

In paragraph 161, for the words before the table substitute—“161 The Planning and Compensation Act 1991 is amended as follows.161A In Schedule 6, omit paragraph 43.161B In Schedule 18—a omit the entry relating to section 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990;b after the entry relating to section 29(5) of the Land Drainage Act 1991 insert—”

21Consequential provision and saving#

After paragraph 196, insert—“197 The Levelling-Up and Regeneration Act 2023 is amended as follows.198 In section 102—a in subsection (3), for the words from “after subsection (2)” to the end substitute “in subsection (2), after “preserving” insert “or enhancing””;b in subsection (4)—i before paragraph (a) insert—za in subsection (1), after “preserving” insert “or enhancing”;ii for paragraph (b) substitute—b in subsection (2), after “preserving” insert “or enhancing”.199 In section 103—a omit subsections (3) to (6);b omit subsection (10)(b) and (c);c omit subsection (12)(a) and (c).200 Omit section 105(3) and (4).”

22Consequential provision and saving#

In Schedule 14, Part 3, after paragraph 11, insert—“12 The continuing operation of the saving made by section 105(4) of the Levelling-up and Regeneration Act 2023 is not affected by the repeal of that provision by paragraph 200 of Schedule 13 to this Act, by the repeal of section 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 by paragraph 116 of that Schedule, or by any other provision of that Schedule.”

Contains public sector information licensed under the Open Government Licence v3.0.