Decision details

A Welsh Government Bill, introduced by Ken Skates AM, Deputy Minister for Culture, Sport and Tourism. The Business Committee remitted the Bill to the Communities, Equality and Local Government Committee.

 

About the Bill

The Historic Environment (Wales) Bill was intended to form part of a suite of legislation, policy, advice and guidance that made important improvements to the existing systems for the protection and sustainable management of the Welsh historic environment. In broad terms, the Bill intended to give more effective protection to listed buildings and scheduled monuments, enhance existing mechanisms for the sustainable management of the historic environment, and introduce greater transparency and accountability into decisions taken on the historic environment.

 

On introduction the stated intention of the Bill was to create new measures that:

 

• allow the Welsh Ministers to put an immediate halt to unauthorised works to scheduled monuments and make it easier for action to be taken against those who have damaged or destroyed monuments;
• enable authorities to act quickly if a listed building is under threat from unauthorised works and give them greater flexibility in dealing with historic buildings that require urgent works to protect them from further decay;
• make it easier for owners or developers to create sustainable new uses for unlisted historic buildings by relaxing the conditions for applications for certificates of immunity from listing;
• create a statutory register of Wales’ historic parks and gardens;
• allow owners of historic assets to negotiate partnership agreements with consenting authorities for a period of years, eliminating the need for repeated consent applications for similar works and encouraging more consistent and coherent management of the buildings or monuments;
• secure a more stable future for Wales’ historic environment records, which provide detailed information and advice on the historic environment to local planning authorities and the public;
• make existing structures for the designation of nationally important historic assets more open and transparent by introducing formal consultation with owners and establishing a mechanism to review decisions; and
• establish an independent panel to advise on historic environment policy and strategy at a national level in Wales.

 

Current Stage

 

The Historic Environment (Wales) Act 2016 (external website) became law in Wales on 21 March 2016.

 

Record of Passage in the National Assembly for Wales

 

The following table sets out the dates for each stage of the Bill’s passage through the National Assembly for Wales.

Stage	Documents
Bill introduced: 1 May 2015	Historic Environment (Wales) Bill, as introduced (PDF 273KB)   Explanatory Memorandum (PDF 953KB)   Presiding Officer’s Statement: 1 May 2015 (PDF 125KB)   Business Committee’s Report on the timetable for consideration of the Bill (PDF 65KB)   Historic Environment (Wales) Bill glossary (Welsh language version only) (PDF 162KB)   Statement of Policy Intent (PDF 150KB)   Research Service Bill summary (PDF 345KB)   Managing Historic Environment Records in Wales – Statutory Guidance (PDF 2MB)   Keeling Schedules*: Ancient Monuments and Archaeological Areas Act 1979 (PDF 262KB) Planning (Listed Buildings and Conservation Areas) Act 1990 (PDF 304KB)   *Keeling Schedules are used to show how existing Acts will read when amended by the Bill.
Stage 1: Committee considerations of general principles	Public consultation. The Committee issued a call for evidence, which closed on 19 June 2015.   Committee dates The Communities Equality and Local Government Committee considered the Bill on the following dates:   Date and Agenda Purpose of meeting Transcript Senedd.TV 4 June 2015 Oral evidence session Read transcript View meeting 10 June 2015 Oral evidence session Read transcript View meeting 18 June 2015 Oral evidence session Read transcript View meeting 2 July 2015 Oral evidence session Read transcript View meeting 8 July 2015 Oral evidence session and consideration of key issues Read transcript View meeting   The Constitutional and Legislative Affairs Committee considered the Bill on the following dates: Date and Agenda Purpose of meeting Transcript Senedd.TV 8 June 2015 Read transcript View meeting   The Finance Committee considered the Bill on the following dates: Date and Agenda Purpose of meeting Transcript Senedd.TV 21 May 2015 Consideration of financial implications Read transcript View meeting   View a 60 second summary of our evidence sessions: 4 June 2015 10 June 2015 18 June 2015 8 July 2015   Correspondence Correspondence from the Deputy Minister for Culture, Sport and Tourism – 16 June 2015 (PDF 420KB) Correspondence from the Deputy Minister for Culture, Sport and Tourism: Annexe 1 - Historic Environment Records – 16 June 2015 (PDF 82KB) Correspondence from the Deputy Minister for Culture, Sport and Tourism: Annexe 2 - Advisory Panel – 16 June 2015 (PDF 52KB)   Correspondence from the Chair to the Deputy Minister for Culture, Sport and Tourism – 10 July 2015 (PDF 160KB) Response from the Deputy Minister for Culture, Sport and Tourism – 21 July 2015 (PDF 465KB) Response from the Deputy Minister for Culture, Sport and Tourism: Annexe 1 – 21 July 2015 (126KB)   Chair to Welsh Language Commissioner – 18 September 2015 (PDF 221KB) Response from the Welsh Language Commissioner – 1 October 2015 (Welsh language only) (PDF 202KB)   Correspondence from the Deputy Minister for Culture, Sport and Tourism – 28 September 2015 (PDF 344KB)   Committee Stage 1 report (PDF 780KB) Schedule of oral evidence (PDF 17KB)   Response from the Deputy Minister for Culture, Sport and Tourism – 3 November 2015 (PDF 134KB) Response from the Deputy Minister for Culture, Sport and Tourism in relation to historic parks and gardens – 19 November 2015 (PDF 654KB)   Constitutional and Legislative Affairs Committee report (PDF 441KB)
Stage 1: Debate in Plenary on general principles	A debate took place in Plenary on 20 October 2015. The motion to agree the general principles of the Bill was agreed.
Financial Resolution	A Financial Resolution in relation to the Bill was agreed in Plenary on 20 October 2015.
Stage 2: Committee consideration of amendments	Stage 2 consideration took place in Committee on 26 November 2015.   Concise Minutes: 26 November 2015   The Communities, Equality and Local Government Committee agreed on 18 November 2015, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings will be: Section 3, Schedule 1, sections 4 to 22, section 2, section 24, Schedule 2, sections 25 to 32, section 23, sections 33 to 41, section 1, and the Long title.   Notice of Amendments: 27 October 2015 (PDF 89KB) Welsh Government – Purpose and Effect Table: 27 October 2015 (PDF 207KB)   Notice of Amendments: 16 November 2015 v2 (PDF 84KB) Welsh Government – Purpose and Effect Table: 16 November 2015 (PDF 163KB)   Notice of Amendments: 19 November 2015 (PDF 152KB)   Combined Notices of Amendments (PDF 189KB)   Marshalled List of Amendments: 26 November 2015 v4 (PDF 206KB)   Groupings of Amendments: 26 November 2015 v2 (PDF 72KB)   Historic Environment (Wales) Bill, as amended at Stage 2 (PDF 257KB) (Amendments to the Bill since the previous version are indicated by sidelining in the right margin.)   Revised Explanatory Memorandum (PDF 4.28MB)
Stage 3: Plenary consideration of amendments	Following the completion of Stage 2 proceedings, Stage 3 commenced on 27 November 2015.   The National Assembly for Wales agreed on 26 January 2016, under Standing Order 26.36, that the order of consideration for Stage 3 proceedings will be: Section 3, Schedule 1, sections 4 to 22, section 2, section 24, Schedule 2, sections 25 to 32, section 23, sections 33 to 42, section 1, Long title   Stage 3 consideration and disposal of amendments took place in Plenary on 2 February 2016.   Notice of Amendments: 14 January 2016 v4 (PDF 115KB) Notice of Amendments: 22 January 2016 v3 (PDF 112KB) Welsh Government – Purpose and Effect Table: 22 January 2016 (PDF 343KB) Notice of Amendments: 26 January 2016 v3 (PDF 143KB) Combined Notice of Amendments (PDF 231KB)   Marshalled List of Amendments: 2 February 2016 (PDF 208KB) Groupings of Amendments: 2 February 2016 v2 (PDF 71KB)   Historic Environment (Wales) Bill, as amended at Stage 3 (PDF 278KB) (Amendments to the Bill since the previous version are indicated by sidelining in the right margin.)   Printing changes to the Bill as amended at Stage 3 (PDF 109KB)
Stage 4: Passing of the Bill in Plenary	The Bill was agreed by the Assembly in accordance with SO 12.36 on 9 February 2016.   Historic Environment (Wales) Bill, as passed (PDF 260KB)
Post-stage 4	The Attorney General (PDF 210KB) and the Counsel General (PDF 177KB) wrote to the Chief Executive and Clerk of the Assembly to advise that they would not be referring the Historic Environment (Wales) Bill to the Supreme Court under Sections 112 or 114 of the Government of Wales Act 2006.
Date of Royal Assent	Royal Assent (PDF 167KB) was given on 21 March 2016.

 

Contact information

Clerk: Elizabeth Wilkinson

Phone: 0300 200 6565

 

Postal address:

National Assembly for Wales

Cardiff Bay

Cardiff

CF99 1NA

 

Email: Contact@Assembly.Wales

The item started at 15.50

The amendments will be disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 26 January 2016.

A vote was taken on amendment 71:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 71 was not agreed, amendment 72 fell

A vote was taken on amendment 73:

For	Abstain	Against	Total
26	1	27	54

Amendment 73 was not agreed.

A vote was taken on amendment 74:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 32 was agreed, in accordance with Standing Order 12.36.

Amendment 21 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 60:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 33 was agreed, in accordance with Standing Order 12.36.

Amendment 34 was agreed, in accordance with Standing Order 12.36.

Amendment 35 was agreed, in accordance with Standing Order 12.36.

Amendment 36 was agreed, in accordance with Standing Order 12.36.

Amendment 37 was agreed, in accordance with Standing Order 12.36.

Amendment 38 was agreed, in accordance with Standing Order 12.36.

Amendment 4 was agreed, in accordance with Standing Order 12.36.

Amendment 22 was agreed, in accordance with Standing Order 12.36.

Amendment 75 was not moved.

A vote was taken on amendment 61:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 5A:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 5:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 60 was not agreed, amendment 58 fell.

As amendment 5 was not agreed, amendment 49 fell.

As amendment 61 was not agreed, amendment 59 fell.

Amendment 76 was not moved.

Amendment 23 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 8:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 9 was not moved.

Amendment 12 was not moved.

Amendment 39 was agreed, in accordance with Standing Order 12.36.

Amendment 40 was agreed, in accordance with Standing Order 12.36.

Amendment 41 was agreed, in accordance with Standing Order 12.36.

Amendment 42 was agreed, in accordance with Standing Order 12.36.

Amendment 11 was agreed, in accordance with Standing Order 12.36.

Amendment 77 was not moved.

A vote was taken on amendment 78:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 79 was not moved.

Amendment 80 was not moved.

Amendment 81 was not moved.

Amendment 82 was not moved.

As amendment 78 was not agreed, amendment 83 fell.

A vote was taken on amendment 84:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 85:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 86:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 87:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 87 was not agreed, amendment 88 fell.

Amendment 89 was not moved.

Amendment 90 was not moved.

Amendment 52 was agreed, in accordance with Standing Order 12.36.

As amendment 8 was not agreed, amendments 6 and 50 fell

Amendment 51 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 62:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 24 was agreed, in accordance with Standing Order 12.36.

Amendment 25 was agreed, in accordance with Standing Order 12.36.

Amendment 26 was agreed, in accordance with Standing Order 12.36.

Amendment 27 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 28A:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 28 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 63:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 64:

For	Abstain	Against	Total
23	0	31	54

Amendment 64 was not agreed.

A vote was taken on amendment 65:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 15 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 66:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 67:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 68:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

A vote was taken on amendment 69:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendments 68 and 69 were not agreed, amendment 70 fell.

A vote was taken on amendment 91:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 53 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 92:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

Amendment 54 was agreed, in accordance with Standing Order 12.36.

Amendment 29 was agreed, in accordance with Standing Order 12.36.

Amendment 30 was agreed, in accordance with Standing Order 12.36.

Amendment 43 was agreed, in accordance with Standing Order 12.36.

Amendment 44 was agreed, in accordance with Standing Order 12.36.

Amendment 31 was agreed, in accordance with Standing Order 12.36.

A vote was taken on amendment 93:

For	Abstain	Against	Total
27	0	28	55

As required by Standing Order 6.20 the Deputy Presiding Officer exercised his casting vote by voting against the amendment. Therefore, the amendment was not agreed.

As amendment 5 was not agreed, amendment 47 fell.

As amendment 8 was not agreed, amendment 48 fell.

As amendments 68 and 69 were not agreed, amendment 57 fell.

Amendment 19 was agreed, in accordance with Standing Order 12.36.

Amendment 20 was agreed, in accordance with Standing Order 12.36.

Amendment 17 was agreed, in accordance with Standing Order 12.36.

As amendment 5 was not agreed, amendment 45 fell.

As amendment 8 was not agreed, amendment 46 fell.

As amendments 68 and 69 were not agreed, amendment 55 fell.

Amendment 18 was agreed, in accordance with Standing Order 12.36.

As amendment 67 was not agreed, amendment 56 fell.

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.