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Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995


This is the original version (as it was originally made).

Proceedings for questioning validity of certain actions of Department

12.—(1) If any person is aggrieved by any action on the part of the Department to which this Article applies and desires to question the validity of that action on the grounds that it is not within the powers of this Part, or that any of the relevant requirements have not been complied with in relation to it, he may within 6 weeks from the date on which that action is taken, make an application under this Article to the High Court.

(2) This Article applies to action on the part of the Department of either of the following descriptions, that is to say—

(a)any decision of the Department on an application for scheduled monument consent; and

(b)the giving by the Department of any direction under Article 6 modifying or revoking a scheduled monument consent.

(3) On any application under this Article the High Court—

(a)may by interim order suspend the operation of the action, the validity whereof is questioned by the application, until the final determination of the proceedings;

(b)if satisfied that the action in question is not within the powers of this Part, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that action in whole or in part.

(4) In this Article “the relevant requirements”, in relation to any action to which this Article applies, means any requirements of this Part or of any regulations made under this Part which are applicable to that action.

(5) Except as provided by this Article, the validity of any action to which this Article applies shall not be questioned in any legal proceedings whatsoever; but nothing in this Article shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Department to take a decision on an application for scheduled monument consent.

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