{
  "url": "https://openlegislation.uk/scheduled-monuments-partnership-agreements-wales-regulations-2024/note",
  "json_url": "https://openlegislation.uk/scheduled-monuments-partnership-agreements-wales-regulations-2024/note.json",
  "legislation": "wsi/2024/929",
  "legislation_title": "The Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/scheduled-monuments-partnership-agreements-wales-regulations-2024",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations are made under powers given to the Welsh Ministers by the Historic Environment (Wales) Act 2023 (“the 2023 Act”). The 2023 Act forms part of a code of law relating to the historic environment of Wales. These Regulations also form part of that Code.\nThe Regulations make provision about partnership agreements relating to scheduled monuments in Wales.\nThe 2023 Act protects monuments of special historic interest. A monument may comprise a building, structure, work, cave or excavation, or site. The 2023 Act provides that the Welsh Ministers must maintain a record (referred to as a “schedule”) of monuments in Wales that are of national importance. Particular types of works may only be carried out to a “scheduled monument” if they are authorised by the Welsh Ministers. This authorisation is called “scheduled monument consent” and is granted under Part 2 of the 2023 Act.\nThe framework for a partnership agreement is set out in sections 25 to 29 of the 2023 Act. A partnership agreement is an agreement between the Welsh Ministers and the owner of a scheduled monument in Wales or the owner of land adjoining, or in the vicinity of, such a scheduled monument (referred to as “associated land”). There may also be additional parties to a partnership agreement, including any other person with an interest in the monument or associated land. A partnership agreement may relate to more than one scheduled monument.\nA partnership agreement may grant scheduled monument consent for a programme of works specified in the agreement. The works may only be for the purpose of removing or repairing a scheduled monument to which the agreement applies, or any part of it, or for the purpose of making any alterations or additions to such a monument. That consent may be subject to conditions.\nSection 26(5) of the 2023 Act requires the Welsh Ministers to make Regulations to make further provision about the consultation and publicity procedures for agreeing and varying agreements.\nRegulation 3 sets out the consultation and publicity requirements with which the Welsh Ministers must comply before they enter into a partnership agreement or an existing agreement is varied to include one or more additional scheduled monuments or to extend its duration. They include consulting with the owner and occupier of the land, and with relevant local authorities, and publicising draft partnership agreements or draft variations to agreements by electronic means for a specified number of days.\nRegulation 4 provides that the Welsh Ministers must publish a list, by electronic means, of partnership agreements that are in effect and must update the list as soon as practicable after entering into a new partnership agreement or if variations are made.\nRegulation 5 revokes the Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021.\nThe Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2024/929/note",
    "retrieved_at": "2026-10-28T23:00:01.115894+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}