Valid from 16/03/2006
Textual Amendments
F1Pt. 8A inserted (16.3.2006 for W. for specified purposes, 1.4.2006 for E. and 19.2.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 2; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(2); S.I. 2006/2797, art. 3; S.I. 2007/306, art. 1(2)
(1)A person may apply to the High Court for the purpose of questioning the validity of a gating order on the ground that—
(a)the council had no power to make it; or
(b)any requirement under this Part was not complied with in relation to it.
(2)An application under this section must be made within a period of six weeks beginning with the date on which the gating order is made.
(3)On an application under this section the High Court may by order suspend the operation of the gating order, or any of its provisions, until the final determination of the proceedings.
(4)If on an application under this section the High Court is satisfied that—
(a)the council had no power to make the order, or
(b)the interests of the applicant have been substantially prejudiced by any failure to comply with a requirement under this Part,
the High Court may quash the order or any of its provisions.
(5)A gating order, or any of its provisions, may be suspended under subsection (3) or quashed under subsection (4)—
(a)generally; or
(b)so far as may be necessary for the protection of the interests of the applicant.
(6)Except as provided for by this section, a gating order may not, either before or after it has been made, be questioned in any legal proceedings.]