Regulation 3 Consultation and publicity requirements: draft agreement or draft variationI1

England and Wales

(1)

The Welsh Ministers may not enter into a partnership agreement unless they have complied with paragraphs (4) to (6).

(2)

Paragraph (3) applies to a proposed variation of an existing partnership agreement so as to—

(a)

provide that the agreement relates to an additional scheduled monument, or

(b)

extend the duration of the agreement.

(3)

The variation may not be made unless—

(a)

in the case of a variation proposed by a party other than the Welsh Ministers, that party has sent a copy of the draft variation to the Welsh Ministers, and

(b)

in any case, the Welsh Ministers have complied with paragraphs (4) to (6).

(4)

The Welsh Ministers must—

(a)

send a copy of the draft agreement or draft variation (as the case may be) to—

(i)

the owner of the scheduled monument or associated land to which the draft agreement or draft variation relates;

(ii)

any occupier of the scheduled monument or associated land;

(iii)

any local authority in whose area the scheduled monument or associated land is situated;

(iv)

any local authority which is a guardian of the scheduled monument or associated land (by virtue of section 45 or 49 of the 2023 Act), and

(b)

invite representations from those persons before the end of a period specified in the invitation.

(5)

The Welsh Ministers must also—

(a)

publish the following information by electronic means for at least 21 days—

(i)

the address or location of the scheduled monument or associated land to which the draft agreement or draft variation relates;

(ii)

a summary of the draft agreement or draft variation;

(iii)

details of how representations may be made to the Welsh Ministers about the draft agreement or draft variation;

(iv)

the period within which any representations must be received,

(b)

send the information described in sub-paragraph (a) to any person the Welsh Ministers consider to have an interest in the draft agreement or draft variation, other than a person to whom the draft agreement or draft variation has been sent under paragraph (4), and

(c)

if requested to do so before the end of the period for making representations under this paragraph, send to the person who made the request a copy of the draft agreement or draft variation.

(6)

The Welsh Ministers must ensure that the periods for making representations under this regulation are periods of at least 21 days beginning with—

(a)

in the case of paragraph (4), the day on which a copy of the draft agreement or draft variation (as the case may be) is first sent under that paragraph, and

(b)

in the case of paragraph (5), the day on which the information mentioned in sub-paragraph (a) of that paragraph is first published electronically.

(7)

Nothing in this regulation or regulation 4 requires the Welsh Ministers to publish or to send to any person information—

(a)

which is a trade secret,

(b)

if disclosure is otherwise likely to prejudice the commercial interest of any person,

(c)

the disclosure of which would constitute a breach of confidence actionable by any person, or

(d)

the disclosure of which is prohibited by or under any enactment or by an order of a court.

Annotations

Commencement

I1: Reg. 3 in force at 4.11.2024, see reg. 1(2)