Skip to main content

Current legislation

The existing primary and subordinate legislation for the historic environment of Wales will provide the raw material for the consolidation project. If all proceeds according to plan, the outcome will be a bilingual restatement of that law in a new Act for Wales.   

The primary legislation

The primary legislation that applies to Wales comprises Acts of the UK Parliament, Acts of the Senedd/National Assembly (from 2011 to present) and Measures of the National Assembly (from 2007 to 2011). Primary legislation often sets out the core principles of the law and provides for subordinate or secondary legislation to cover more detailed rules.

The main Acts

Two Acts currently furnish the principal primary legislation for the protection and management of the Welsh historic environment:

A third Act amends the 1979 and 1990 Acts and introduces some stand-alone provisions for Wales:

Other Acts

Other Acts, or relevant sections, may also be considered for consolidation. These include:

The subordinate legislation

Subordinate legislation (also referred to as secondary legislation) often provides the finer detail necessary to flesh out the primary statements of law found in Acts. It can take a variety of different forms: regulations, orders, rules and schemes, and can include statutory guidance and local orders.

At present, the relevant pieces of primary and subordinate legislation must be located and read together to obtain a full understanding of the law on a particular subject. Where appropriate, subordinate legislation will be incorporated into the new Act, so all of the pertinent law on a topic will be in one place. Subordinate legislation that requires frequent amendment, for instance, to reflect changing conditions, may not be suitable for inclusion.