Wildlife and Countryside Act 1981

Proceedings for questioning validity of orders E+W+S

8 E+W+S

8 [F1 (1) If any person is aggrieved by an order which has taken effect and desires to question its validity on the ground that it is not within the powers of section 36 or that any of the requirements of this Schedule have not been complied with in relation to it, he may within 42 days from the date of publication of the notice under paragraph 7 make an application to the Court under this paragraph. E+W+S

(2) On any such application the Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements—

(a) in England and Wales, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant; or

(b) in Scotland, make such declarator as seems to the Court to be appropriate.

(3) Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatever.

(4) In this paragraph “the Court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.]

Textual Amendments

F1 Sch. 12 repealed (E.W.) (12.1.2010 so far as not relating to MCZs in W. and otherwise prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 146, 321, 324(2)(b)(i)(4), Sch. 11 para. 2(2)(b), Sch. 22 Pt. 3 (with s. 145, Sch. 12); and Sch. 12 repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(d) (with s. 162); S.S.I. 2010/230, art. 2(h)