Historic Environment (Wales) Act 2023

A Welsh Government Bill, introduced by Mick Antoniw MS, Counsel General and Minister for the Constitution, under Standing Order 26C – Consolidation Acts of the Senedd. The Business Committee remitted the Bill to the Legislation, Justice and Constitution Committee.

About the Bill

The Bill included provision to consolidate legislation relating to the historic environment in Wales. It provides for the protection of monuments, buildings and conservation areas by bringing together and restating already-existing legislation (both primary and secondary) in one place.

Further detail about the Bill as introduced can be found in its accompanying Explanatory Memorandum.

BillStageAct

The Historic Environment (Wales) Act (external website) became law in Wales on 14 June 2023.

A guide to Consolidation Bills is available in the Guidance to support the operation of Standing Order 26C on Consolidation Bills.

Record of Passage in the Welsh Parliament

The following table sets out the dates for each stage of the Bill’s passage through the Welsh Parliament.

¬¬¬Date of Royal Assent (14 June 2023)

Royal Assent (PDF, 120KB) was given on 14 June 2023.

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¬¬¬Post Final Stage

The Counsel General wrote to the Llywydd to advise that he would not be referring the Historic Environment (Wales) Bill to the Supreme Court under section 112 of the Government of Wales Act 2006 – 25 April 2023.

The Secretary of State for Wales wrote to the Llywydd to advise that he would not be making an Order under Section 114 of the Government of Wales Act prohibiting the Llywydd from submitting the Historic Environment (Wales) Bill for Royal Assent - 24 April 2023.

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¬¬¬Final Stage (28 March 2023)

The Historic Environment (Wales) Bill was passed by the Senedd on Tuesday 28 March 2023.

The Historic Environment (Wales) Bill as passed.

Presiding Officer’s statement in accordance with Section 111A(3) of the Government of Wales Act 2006 - Bills with protected subject-matter: Historic Environment (Wales) Bill - 22 March 2023

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¬¬¬Detailed Committee Consideration (18 January 2023 – 10 March 2023)

Detailed Committee Consideration began on 18 January 2023.

The Legislation, Justice and Constitution Committee agreed on 16 January 2023, under Standing Order 26C.27, that the order of consideration for Detailed Committee Consideration proceedings would be: sections 2 to 75; Schedules 1 and 3 to 6; sections 76 to 157; Schedules 2 and 7 to 10; sections 158 to 166; Schedule 11; sections 167 to 191; Schedule 12; sections 192 to 213; Schedules 13 and 14; section 1; and the Long title.

Notice of Amendments – 24 January 2023 (PDF 141KB)

Welsh Government: Purpose and effect table – 25 January 2023 (PDF 410KB)

Welsh Government: Illustration of proposed government amendments – 25 January 2023 (PDF 380KB)

Notice of Amendments – 6 February 2023 (PDF 127KB)

Marshalled List of Amendments – 13 February 2023 (PDF 187KB)

Grouping of Amendments – 13 February 2023 (PDF 94KB)

Detailed Committee Consideration took place on 13 February 2023.

Historic Environment (Wales) Bill, as amended at Detailed Committee Consideration (PDF 1.67MB)

Printing changes to the Bill as amended at Detailed Committee Consideration (PDF 66KB)

Revised Explanatory Memorandum

Revised Explanatory Memorandum: Annex A – Explanatory Notes

Revised Explanatory Memorandum: Annex B1 – Table of Origins

Revised Explanatory Memorandum: Annex B2 – Table of Destinations

Revised Explanatory Memorandum: Annex C – Explanation of changes made to existing provisions (Drafters’ Notes)

Revised Explanatory Memorandum: Annex D – Correspondence from the Law Commission

Committee Report

The Legislation, Justice and Constitution Committee laid its report (PDF 125 KB) on 10 March 2023.

In accordance with Standing Order 26C.36, the Committee recommended that the Bill should proceed to Final Stage

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¬¬¬Initial Consideration (4 July 2022 – 23 December 2022)

A debate took place in Plenary on 17 January 2023. The motion to agree that the Bill should proceed as a Consolidation Bill was agreed.

The Legislation, Justice and Constitution Committee agreed its approach to Initial Consideration on 4 July 2022.

The Committee agreed to scrutinise the Bill in line with Standing Order 26C.17, in that it considered whether:

i. it was satisfied that the scope of the consolidation is appropriate;

ii. it was satisfied that the relevant enactments have been included within the consolidation;

iii. the Bill correctly consolidates the enactments or changes their substantive legal effect only to the extent allowed by Standing Order 26C.2;

iv. the Bill consolidates the law clearly and consistently.

The Committee also considered any other matter it believed to be relevant to Standing Order 26C.

Committee dates

The Legislation, Justice and Constitution Committee considered the Bill on the following dates:

Date and agenda	Purpose of meeting	Transcript	Senedd.TV
4 July 2022	Consideration of approach to Initial consideration (Private)	(Private)	(Private)
11 July 2022	Ministerial evidence session	Transcript	View meeting
26 September 2022	Oral evidence session	Transcript	View meeting
3 October 2022 17 October 2022 24 October 2022	Consideration of stakeholder views (Private)	(Private)	(Private)
14 November 2022	Ministerial evidence session	Transcript	View Meeting
28 November 2022	Consideration of draft report (Private)	(Private)	(Private)
12 December 2022	Consideration of draft report (Private)	(Private)	(Private)

Committee Report

The Legislation, Justice and Constitution Committee laid its report (PDF 3.9 MB) on 23 December 2022.

The Counsel General wrote to the Committee on 12 January 2023 and responded specifically to recommendation 10 in the Committee's report.
The Counsel General wrote again to the Committee on the 18 January 2023 and provided a response to the other recommendations in the Committee's report.

Correspondence

Correspondence with the Counsel General and Minister for the Constitution

Letter to the Counsel General and Minister for the Constitution: Follow-up to evidence session on the Historic Environment (Wales) Bill - 19 July 2022
Letter from the Counsel General and Minister for the Constitution: Follow-up to evidence session on the Historic Environment (Wales) Bill - 17 August 2022
Letter to the Counsel General and Minister for the Constitution: Matters of Interest in the Drafters' Notes - 20 September 2022
Letter from the Counsel General and Minister for the Constitution: Matters of Interest in the Drafters' Notes - 17 October 2022
Letter to the Counsel General and Minister for the Constitution: Historic Environment (Wales) Bill – 7 October 2022
Letter from the Counsel General and Minister for the Constitution: Historic Environment (Wales) Bill - 28 October 2022
Letter from the Counsel General and Minister for the Constitution: Historic Environment (Wales) Bill – 25 November 2022