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Scheduled monuments

There are over 4,000 scheduled monuments in Wales. The primary and subordinate legislation identified below governs their protection and sustainable management; all form part of the historic environment code.

Primary legislation

The Historic Environment (Wales) Act 2023

Part 2 of this Act, which comprises 7 Chapters, provides the basic legislation for:

  • the definition of a monument (Chapter 1)
  • the scheduling of monuments of national importance (Chapter 2)
  • the control of works affecting scheduled monuments (Chapter 3)
  • scheduled monument partnership agreements (Chapter 4)
  • action against unauthorised works to scheduled monuments (Chapter 5)
  • the acquisition and guardianship of ancient monuments (Chapter 6)
  • general provisions including those relating to deliberate damage to monuments, metal detecting and powers of entry (Chapter 7).

Paragraphs 8–243 of the explanatory notes to the Act treat the provisions in Part 2. 

Subordinate legislation

The Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024

These regulations make provision for the consultation and publicity that the Welsh Ministers, in practice Cadw, must undertake before making a scheduled monument partnership agreement. 

The Applications for Scheduled Monument Consent (Wales) Regulations 2024

These regulations set out the requirements for an application for scheduled monument consent and make necessary consequential amendments to other regulations. 

 

While the preceding regulations had to be completely remade to accommodate the legislative changes made by the Historic Environment (Wales) Act 2023, only consequential amendments were needed to bring the following regulations into line with the Act and add the declaration that they now form part of the historic environment code.

The Scheduled Monuments (Review of Scheduling Decisions) (Wales) Regulations 2017

These regulations set out the grounds for reviews of scheduling decisions and various detailed procedural matters.