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Postal Services Act 2000

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28 Validity of enforcement orders.E+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(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not be required to comply with the order to which the application relates until the application has been determined, withdrawn or otherwise dealt with; and section 29 shall be construed accordingly.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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