Member

“Whilst the clause provides discretionary powers for the Secretary of State on whether to disapply the legislative provisions relating to heritage, as drafted there is a lack of clarity as to how and when this discretion would be applied. This risks resulting in uncertainty and inconsistency, which would undermine the policy intention … In addition, the disapplication of the legislative provisions for heritage does not provide any equivalent safeguards for the protection of heritage in relation to the authorisation and enforcement provisions for listed buildings and scheduled monuments, as exists at present”.