A FRAMEWORK DOCUMENT

Foreword

By the Minister for Culture Welsh Language and Sport, Alun Pugh AM

The Historic Buildings Council has given valuable advice to Government Ministers for some 50 years. Particularly, it has given independent advice to the Welsh Assembly Government on applications for grant for historic buildings. In this way it has been successful in ensuring that large numbers of important buildings - part of the rich and distinct heritage that makes Wales what it is - have not been lost to future generations through decay, dereliction or even demolition.

However, to some extent, the Council has been constrained by some of the statutory requirements of the long-standing legislation. Reconstituting the Council as an advisory panel of the Welsh Assembly Government will provide flexibility and ensure that the new panel is responsive to particular Welsh needs and specific directions and priorities of the Assembly Government.

My predecessors and I are grateful for the advice that the HBC has provided and I am confident that the new panel - the Historic Buildings Advisory Council - will continue to provide a high quality and important service to the people of Wales.

Preface - the purpose of this document

This framework document describes the role of the newly-established Historic Buildings Advisory Council for Wales (HBAC) as an advisory panel of the Welsh Assembly Government (the Assembly). This document outlines its aims, objectives and terms of reference, its relationship with officials in Cadw - the Assembly Government's division with responsibility for the historic environment - and the terms and conditions for members. This document is effective from 1 April 2006 and will be reviewed from time to time.

Background

The HBAC comprises a body of experts in their field who are appointed by Assembly Ministers to advise the Assembly on all matters pertaining to historic buildings in Wales. Its predecessor, the Historic Buildings Council for Wales (HBC), was established by statute in 1953 to advise the Government of the time on the discharge of its functions under the Historic Buildings and Ancient Monuments Act 1953.

During 2002 the HBC underwent a quinquennial review which concluded that it was effective and provided value for money, and, subject to some changes to enable its future development and structure to be determined in a more flexible way, should continue in existence. These suggestions were considered further and in November 2004 the Assembly First Minister announced that, to allow for future flexibility, the HBC would cease to be an Assembly Sponsored Public Body but would instead become an advisory panel of the Assembly.

This document sets the framework for the new non-statutory panel which takes over from the HBC on 1 April 2006. That is the date on which the HBC is abolished and its functions under the Historic Buildings and Ancient Monuments Act 1953 are repealed or revoked by an Order made under section 28 of the Government of Wales Act 1998 (SI 2006 No. 63, W.12). The new panel is to be known as the HBAC.

Roles and Responsibilities of the HBAC

The Minister for Culture, Welsh Language and Sport determines the policy framework in which the HBAC will operate. The Minister will appoint the chair and all members of the HBAC in line with the Assembly's Code of Practice on Ministerial Appointments to Public Bodies. The powers to determine the role of the HBAC rest with the Assembly and that role, together with the HBAC's objectives and programme of work, will be agreed in consultation with its chair and members.

HBAC will provide advice to the Minister for Culture, Welsh Language and Sport through his officials in Cadw, the division within the Assembly with responsibility for the historic environment. It has no legal personality, human resources responsibilities or funds of its own. Cadw provides the necessary administrative support for HBAC and will arrange for any specialist advice that HBAC members may request from time to time.

Aims and Objectives of the HBAC

The HBC advised Government Ministers and, post-devolution, the National Assembly for Wales, on the exercise of functions under the Historic Buildings and Ancient Monuments Act 1953 and the Planning (Listed Buildings and Conservation Areas) Act 1990. Specifically, the HBC considered around 200 applications for historic buildings grant each year for a wide range of building types in accordance with published criteria. HBAC will provide a similar service to the Assembly. Its members are appointed on account of their experience of and expertise on the historic environment and, particularly, in relation to the historic buildings of Wales. HBAC's overall aim will be to help safeguard and promote this rich resource for the benefit of present and future generations. Through its advice, it will contribute to the conservation of Wales' distinctive built heritage which provides people with a link to the past and a sense of place as well as bringing economic and social benefits and contributing to a more sustainable future. HBAC will provide the Assembly with expert advice on all aspects of the historic buildings of Wales.

Work of the HBAC

The HBAC will meet formally around five times a year, holding business meetings and carrying out visits to properties throughout Wales, for which grant has been requested and/or given. In addition, members will be consulted on matters of policy or concern on an ad hoc basis; and individual members may make ad hoc inspections of buildings and offer advice when requested by Cadw or agreed in Council meetings and where it may be impractical or where there is no need for the whole of the HBAC to visit.

The main focus of the HBAC will be to consider individual applications for grants and make recommendations to Cadw on the merits of the buildings concerned. It has published criteria against which it considers whether a building is of outstanding architectural or historic interest; these have been reviewed in 2006 and are set out at annex A.

Future Direction

Given changing circumstances, the HBC worked with Cadw to consider new systems for historic buildings grants, moving away from a primarily reactive, demand-led position to a more structured scheme with clear priorities and more transparency for and accountability to applicants. HBAC will continue to review grant systems on a regular basis to ensure that they continue to reflect the current and future needs of the historic environment in Wales and that resources are targeted where they are most needed.

In considering its overall role and objectives, HBAC is aware of the added value of heritage conservation - in terms of promoting sustainable development and contributing to local social, economic and aesthetic regeneration. Within the context of the Assembly's arrangements for historic building grants, HBAC will ensure that recommendations are made in a fair and open manner, that they represent 'best value', set standards of quality in historic building conservation and have full regard to the principles of transparency and accountability with priority given to the buildings of greatest need.

HBAC will advise the Assembly Government as follows:

• on the making of grants and loans towards the repair of buildings or parks and gardens of outstanding historic or architectural interest under the Historic Buildings and Ancient Monuments Act 1953 in accordance with published criteria on the definition of 'outstanding';
• on the acquisition by purchase, lease or otherwise, or the acceptance as a gift, of buildings of outstanding historic or architectural interest; or their contents or adjoining lands or of the contents of the buildings of which the Assembly is guardian under the Ancient Monuments and Archaeological Areas Act 1979, or of the contents of buildings vested in the National Trust, and on the disposal of any property so acquired or accepted;
• on the making of grants towards the acquisition of buildings under section 47 of the Planning (Listed Buildings and Conservation Areas) Act 1990 by local authorities, and of buildings of outstanding historic or architectural interest by the National Trust;
• on the making of grants or loans towards schemes which make a significant contribution towards the preservation, or enhancement of the character or appearance of conservation areas;
• on the quality of redundant ecclesiastical buildings for vesting into the care of the Friends of Friendless Churches or acquisition by the Welsh Religious Buildings Trust;
• On requests by the Capital Taxes Office for advice on the exemption from Inheritance Tax for buildings of outstanding architectural or historic interest, their adjoining land and land of outstanding historic interest;
• making representations to the Assembly if it appears to HBAC that there is a need for immediate action under Part I of the Historic Buildings and Ancient Monuments Act 1953;
• commenting on Government consultation documents or draft strategic documents as appropriate;
• commenting, from time to time, on ways of finding new uses for historic buildings and making suggestions about possible uses for particular buildings;
• developing and maintaining a broad strategic view of the historic environment of Wales and its protection, which allots a place to buildings of all types and takes account of geographical and social diversity;
• as appropriate, and using the specialisms of members, considering specific themes related to particular types of historic building or associated matters and providing a detailed synopsis of issues arising with recommendations to the Assembly for future action;
• promoting the positive contribution that conservation of historic buildings can bring to wider regeneration and sustainability strategies.
  
  Reports

HBAC will contribute to an annual review of the state of the historic environment in Wales.

Freedom of Information and Accountability

HBAC will follow the publication scheme of the HBC, appropriately updated, which was prepared in accordance with freedom of information principles and approved by the Information Commissioner. A copy is at attached at annex B.

Agendas and minutes of HBAC meetings will be published on the Cadw website bilingually.

Welsh Language Scheme

HBAC will act in accordance with the Assembly's policy on the Welsh Language Scheme. Published information will be available bilingually.

Membership

The Assembly is responsible for members' appointments and members are appointed in accordance with the Assembly's Code of Practice on Ministerial Appointments to Public Bodies. Members have expert knowledge of buildings of historic and architectural importance in Wales. Terms and conditions of appointment are detailed at annex C.

Remuneration

Members will be offered remuneration for their services. In line with the Assembly's policy for Assembly Sponsored Public Bodies (ASPBs), HBAC members will be offered remuneration at £80 a day for a maximum of 10 days and the chair £100 a day for 52 days. Service on the HBAC does not carry with it any right to pension or gratuity on termination. Travel and subsistence expenses incurred in attending HBAC meetings or on requested visits or functions when representing HBAC will be reimbursed by the Assembly at the rate currently applying to members of Government Committees. Claims for reimbursement will be made to the Secretary of HBAC. Any member who has doubts on any point of propriety should seek guidance from the Chair of HBAC or the Secretary.

Meetings

There will generally be five meetings a year of HBAC. It is anticipated that the total time commitment of members will equate to ten days per annum and of the chair, one day per week during the year.

Annex A

Definition of buildings of outstanding historic or architectural interest

The Historic Buildings Advisory Council considers the merits of all kinds of buildings in Wales. The Historic Buildings and Ancient Monuments Act 1953 provides that only examples judged to be of "outstanding historic or architectural interest" are eligible for grant assistance. Assessment of buildings is always a matter of judgement; different building types, religious buildings, houses, industrial buildings, etc - may be judged in different ways. There can be no firm rules by which eligibility for grant is judged, but in addition to the condition of the building, generally the following criteria (not in order of importance) are taken into account:

Historic Interest

• strong association with a significant historical event;
• strong association with an important figure in history;
• strong association with an important movement (e.g. religious, political, social, cultural, etc.);
• strong association with an important cultural or industrial achievement.

Architectural Interest

• architectural quality (this may derive as much from the simple form of a vernacular building as from the rich architectural details of a religious building, or the grand proportions of a country house);
• importance within a setting of significant quality (landscape, townscape, etc.);
• importance as a distinctive example of the work of a significant architect, or significant contribution to the history of architecture;
• importance as a classic example of a particular style, movement or building type;
• importance as a rare example or survival of a particular building type, structural form, or historical method of construction including local, formerly typical, structures now under threat of disappearance;
• importance as an example of an innovative contribution to the technology of building construction.
  
  Annex C
  

TERMS AND CONDITIONS OF APPOINTMENT TO HBAC

Principles of Public Appointment

HBAC is accountable to the Welsh Assembly Government, through the
Minister for Culture, Welsh Language and Sport, for its stewardship. It is
particularly important to ensure that there is no possible conflict of interest
between members' current responsibilities (or previous positions) and the
responsibilities of this post.

Once appointed, caution must be exercised in taking up new responsibilities
which could conflict with the interests of this body and members are required
to notify the Assembly before accepting any new appointment which is
offered.

The Assembly may have to ask members to resign an appointment with
HBAC if they wish to accept another appointment.

Members must act, particularly in regard to the work of the HBAC, with the
propriety and discretion expected of those holding public appointments.
Members should avoid activities which conflict directly with the interest of the
Board. The seven principles of public life are set out at appendix A

Appointments to HBAC will be made in accordance with the Commissioner for Public Appointments' Code of Practice and the Assembly's Code of Practice for Ministerial Appointments to Public Bodies.

Political activities

Subject to what is said above, members are free to engage in any political activity and to maintain associations with trade unions, co-operative societies, trade associations etc.

A member who is elected to the Assembly, the House of Commons, the European Parliament, or becomes an officer carrying out executive duties in any political party is required to resign from the HBAC.

Members should not normally make political speeches or engage in other political activities on matters affecting the work of the HBAC.

Members should inform the Chair and Secretary of the HBAC whether in the last five years they have held political office in a political party (or affiliated body) which fields candidates at local or general elections in any part of the United Kingdom, or in elections to the European Parliament. Members should indicate the political party concerned and whether they have spoken in public support of a political party or have stood as a candidate in local, Parliamentary or European Parliament elections. Members are not expected to divulge private membership of or association with (including donations to) a political party or trade union, nor their voting habits.

Official Secrets Act

Members are subject to the provisions of the Official Secrets Act 1989 in respect of any knowledge gained in their capacity as HBAC Members.

Declaration of financial and other interests

A member who is in any way financially interested in an issue on which the HBAC is advising must, as soon as possible after the relevant circumstances have come to his or her knowledge, declare the nature of the interest to the Chair of the Council, or to the Secretary (acting on behalf of the Assembly). A member shall not, after making such a declaration, take part in the work of the HBAC on that issue.

Similarly, HBAC members should declare any relevant interests of which they are aware on the part of close family members and on the part of persons living in the same household. Members should also consider whether they need to disclose relevant interests of other persons whom members of the public might reasonably think could influence the member's judgement.

Appendix A

The Seven Principles of Public Life

The Public Standards Committee has set out 'Seven Principles of Public Life' which it believes should apply to all in the public service. These are:

Selflessness
Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.

Integrity
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership
Holders of public office should promote and support these principles by leadership and example.