Building Act 1984

42 Appeal and statement of case to High Court in certain cases.E+W

[F1(A1)Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—

(a)the applicant;

(b)the local authority;

(c)the registered building control approver.]

(1)Where the [F2Secretary of State gives] [F2Welsh Ministers give] a decision in proceedings—

(a)on an appeal under section 20 or 39 above,

(b)[F3on a reference under section 16 above or 50 below]

[F3on an appeal under section 50,] or

(c)on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the [F4local authority] [F4building control authority],

the relevant person or the [F4local authority] [F4building control authority] or, as the case may be, the approved inspector may appeal to the High Court against the decision on a point of law.

(2)In subsection (1) above, “the relevant person” means—

(a)as regards an appeal under the said section 20 or 39, the appellant,

(b)[F5as regards a reference under the said section 16 or 50, the person on whose application the reference was made,]

[F5as regards an appeal under section 50, the person on whose application the appeal was made,]

(c)as regards such an application as is mentioned in subsection (1)(c) above, the applicant.

(3)At any stage of the proceedings on such an appeal[F6, reference] or application as is mentioned in subsection [F7(A1) or] (1) above—

(a)the [F8Secretary of State] [F8appropriate national authority] may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and

(b)a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the M1[F9Senior Courts Act 1981] (appeals from the High Court to the Court of Appeal).

(4)In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—

(a)prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the [F10Secretary of State] [F10appropriate national authority], and

(b)providing for the [F10Secretary of State] [F10appropriate national authority], either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(5)No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6)In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.

(7)[F11Until such day as the Secretary of State may by order appoint, subsections (1) and (2) above have effect as if—

(a)in subsection (1)(b), for “section 16 above or 50 below” there were substituted “section 30 above”,

(b)in subsection (1), the words “or, as the case may be, the approved inspector” were omitted, and

(c)in subsection (2)(b), for “section 16 or 50” there were substituted “section 30” and the words “(jointly with the local authority)” were inserted after

“application”.]

Textual Amendments

F2Words in s. 42(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(3)(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F4Words in s. 42(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 37; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F6Word in s. 42(3) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(5)(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F7Words in s. 42(3) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(5)(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F8Words in s. 42(3)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(5)(c); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F10Words in s. 42(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(6); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F11S. 42(7) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(7); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Commencement Information

I1S. 42(4)-(6) in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

Marginal Citations