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Postal Services Act 2000
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- 2000 c. 26
- Part II
- Enforcement orders
- Section 28
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- Act transfer of functions by 2007 c. 17 s. 30(3)(b)
- Act transfer of functions by S.I. 2009/1885 art. 2(1)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
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- S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
- S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
- S.I. 2003/1900 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2003 c. 21)
- S.I. 2003/2093 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2002 c. 40)
- S.I. 2003/3142 art. 3(1) Sch. 1 commences (2003 c. 21)
- S.I. 2004/641 art. 2-5 commences (2003 c. 37)
- S.I. 2004/827 art. 2-4 commences (2003 c. 20)
- S.I. 2005/1444 art. 2 commences (2005 c. 14)
- S.I. 2005/2714 art. 2-4 commences (2003 c. 37)
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(x) commences (2005 c. 4)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.I. 2007/2584 art. 2 commences (2006 c. 26)
- S.I. 2007/2709 art. 2-6 commences (2007 c. 15)
- S.I. 2007/3546 art. 3 Sch. commences (2007 c. 17)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2010/52 art. 2 commences (2009 c. 26)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
- S.I. 2011/3044 art. 2 commences (2011 c. 5)
- S.R. 2007/194 art. 2 commences (S.I. 2006/3336 (N.I.))
- S.R. 2009/375 art. 2 commences (2009 c. 8)
28 Validity of enforcement orders.E+W+S+N.I.
This section has no associated Explanatory Notes
(1)This section applies if a licence holder to whom a final or provisional order relates is aggrieved by the order and wants to question its validity on the ground that—
(a)its making or confirmation was not within the powers conferred by section 22, 23 or (as the case may be) 24, or
(b)any of the requirements of sections 26 and 27 have not been complied with in relation to the making or confirmation of the order.
(2)The licence holder may apply to the court.
(3)If a copy of the order as made or confirmed was served on the licence holder the application to the court shall be made within the period of 42 days starting with the day on which the copy was served on the licence holder.
(4)On an application under this section the court may quash the order or any provision of it if the court considers it appropriate to do so and is satisfied that—
(a)the making or confirmation of the order was not within the powers conferred by section 22, 23 or (as the case may be) 24, or
(b)any of the requirements of sections 26 and 27 have not been complied with in relation to the making or confirmation of the order and the interests of the licence holder have been substantially prejudiced by the non-compliance.
(5)Where an application has been made under this section, the licence holder concerned shall not be required to comply with the order to which the application relates until the application has been determined, withdrawn or otherwise dealt with; and section 29 shall be construed accordingly.
(6)Except as provided by this section, the validity of a final or provisional order shall not be questioned in any legal proceedings.
(7)In this section “the court” means,
(a)in relation to England and Wales or Northern Ireland, the High Court,
(b)in relation to Scotland, the Court of Session.
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