
1 

(1) The title of these Regulations is the Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024.
(2) These Regulations come into force on 3 November 2024.
2 
Schedule 13 to the Historic Environment (Wales) Act 2023 is amended as follows.
3 
After paragraph 9, insert—“
9A. 
In Schedule 3 to the Harbours Act 1964, in paragraph 1, in the definition of “sensitive area”, in paragraph (h), at the end insert “or section 3 of the Historic Environment (Wales) Act 2023”.”
4 
Omit paragraph 73.
5 
After paragraph 106, insert—“
106A. 
In section 17(4), omit “in relation to England”.”
6 
For paragraph 116, substitute—“
116. 
Omit section 29.”
7 
After paragraph 116, insert—“
116A. 
In section 30—
(a) in subsection (1)—
(i) omit paragraph (c);
(ii) in the words after the paragraphs, for “those sections” substitute “section 28”;
(b) in subsection (2), omit “or 29”.”
8 
For paragraph 117, substitute—“
117. 
In section 31—
(a) in subsection (2), for “28, 28B, 29, 44AC and 44D” substitute “28 and 44AC”;
(b) in subsection (4), for “sections 28 and 29” substitute “section 28”.”
9 
After paragraph 122, insert—“
122A. 
In section 44AA(1) and in the heading before it, omit “in England” in both places it occurs.
122B. 
In the heading to section 44AB, omit “in England”.
122C. 
In the heading to section 44AC, omit “in England”.”
10 
In paragraph 124, before sub-paragraph (a) insert—“
(za) in subsection (1A), omit “in England”;”.
11 
For paragraph 130, substitute—“
130. 
In section 54—
(a) in subsection (2)—
(i) in paragraph (a), omit “if the building is in England,”;
(ii) omit paragraph (b) and the “or” before it;
(b) in subsection (4), omit “, in the case of a building in England,”;
(c) omit subsection (4A);
(d) in subsection (5), omit “, in the case of works authorised under subsection (2)(a),”;
(e) omit subsection (5A);
(f) in subsection (6), omit “or (5A)”.”
12 
For paragraph 145(b)(ii), substitute—“
(ii) omit “28B, 29,”;”.
13 
After paragraph 147, insert—“
147A. 
Omit section 86(3).”
14 
In paragraph 148—
(a) before sub-paragraph (a), insert—“
(za) in subsection (3ZA), omit “in England”;”;
(b) for sub-paragraph (b), substitute—“
(b) in subsection (4), for “, 28B, 29, 44AC or 44D” substitute “or 44AC”.”
15 
In paragraph 152(a), at the end insert—“
(vi) in the entry for section 327ZA, omit “in England”;”.
16 
For paragraph 153, substitute—“
153. 
In section 90—
(a) in subsection (5), after “council of a county” insert “in England”;
(b) in subsection (6)(b), for “29” substitute “28A”;
(c) in subsection (7)(a), for “sections 28 or 29” substitute “section 28”.”
17 
After paragraph 154, insert—“
154A. 
In section 92(2)(b), for “29” substitute “28A”.”
18 
Omit paragraph 155(f).
19 
In paragraph 158, for sub-paragraph (b) substitute—“
(b) in paragraph 2, for “, 44AB or 44C” substitute “or 44AB”;”.
20 
In paragraph 161, for the words before the table substitute—“
161. 
The Planning and Compensation Act 1991 is amended as follows.
161A. 
In Schedule 6, omit paragraph 43.
161B. 
In Schedule 18—
(a) omit the entry relating to section 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(b) after the entry relating to section 29(5) of the Land Drainage Act 1991 insert—”.
21 
After paragraph 196, insert—“
197. 
The Levelling-Up and Regeneration Act 2023 is amended as follows.
198. 
In section 102—
(a) in subsection (3), for the words from “after subsection (2)” to the end substitute “in subsection (2), after “preserving” insert “or enhancing””;
(b) in subsection (4)—
(i) before paragraph (a) insert—“
(za) in subsection (1), after “preserving” insert “or enhancing”;”;
(ii) for paragraph (b) substitute—“
(b) in subsection (2), after “preserving” insert “or enhancing”.”
199. 
In section 103—
(a) omit subsections (3) to (6);
(b) omit subsection (10)(b) and (c);
(c) omit subsection (12)(a) and (c).
200. 
Omit section 105(3) and (4).”
22 
In Schedule 14, Part 3, after paragraph 11, insert—“
12. 
The continuing operation of the saving made by section 105(4) of the Levelling-up and Regeneration Act 2023 is not affected by the repeal of that provision by paragraph 200 of Schedule 13 to this Act, by the repeal of section 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 by paragraph 116 of that Schedule, or by any other provision of that Schedule.”
Jack Sargeant
Minister for Culture, Skills and Social Partnership, under the authority of the Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers
23 October 2024