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The Historic Environment (Wales) Act 2023 comes into force in November

On 16 August, Jane Hutt MS, the Cabinet Secretary for Culture, Social Justice, Trefnydd and Chief Whip, signed a Commencement Order that set 4 November 2024 as the date when the Historic Environment (Wales) Act 2023 (‘the Act’) will come into force. This represents the first step in the final stages of a programme of work to bring the Act and a supporting suite of subordinate legislation into effect across Wales.

More than a year has passed since the Act received Royal Assent and formally became law on 14 June 2023. Only a handful of its provisions came into force at that time, since secondary legislation was needed to support the Act before it could be generally brought into effect. Some well-established regulations and orders had already been incorporated into the Act. Other subordinate legislation — for instance, regulations that might require frequent amendment — would have to be restated using the same approach adopted in the consolidation: to improve the law’s accessibility by restating and reorganising it, while preserving its effect.  

In the months since Royal Assent, seven sets of regulations have been prepared, in addition to the Commencement Order.

  • The Applications for Scheduled Monument Consent (Wales) Regulations 2024
  • The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024  
  • The Listed Buildings (Exempt Religious Buildings) (Wales) Regulations 2024
  • The Listed Buildings (Partnership Agreements) (Wales) Regulations 2024
  • The Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024
  • The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024
  • The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024.

Look out for more information on these regulations as they are made in September and October. They will come into force simultaneously with the Act on 4 November.

When the Act and its supporting regulations come into force in November, they will replace the existing legislative framework for the management and protection of the Welsh historic environment — principally the Ancient Monuments and Archaeological Areas Act 1979, the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 — with legislation that is logically organised, clearly expressed and fully bilingual.