Marine and Coastal Access Act 2009

Validity of documents under this Part

62 Validity of marine policy statements and marine plans

(1) This section applies to—

(a) any MPS,

(b) any amendment of an MPS,

(c) any marine plan,

(d) any amendment of a marine plan.

(2) Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.

(3) A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.

(4) A person aggrieved by a relevant document may make an application to the appropriate court on any of the following grounds—

(a) that the document is not within the appropriate powers;

(b) that a procedural requirement has not been complied with.

(5) Any such application must be made not later than 6 weeks after the publication of the relevant document.

(6) In this section—

• “the appropriate court” means—

  (a)

  the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;

  (b)

  in any other case, any superior court in the United Kingdom;

• “the appropriate powers” means—

  (a)

  in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;

  (b)

  in the case of a marine plan or an amendment of a marine plan, the powers conferred by—

  (i)

  Chapter 2 of this Part, or

  (ii)

  section 55 (delegation);

• “procedural requirement” means any requirement—

  (a)

  under the appropriate powers, or

  (b)

  in directions under section 55 or 57,

  which relates to the preparation, adoption or publication of a relevant document;

• “superior court in the United Kingdom” means any of the following—

  (a)

  the High Court;

  (b)

  the Court of Session.

63 Powers of the court on an application under section 62

(1) This section applies in any case where an application under section 62 is made to a court.

(2) The court may make an interim order suspending the operation of the relevant document—

(a) wholly or in part,

(b) generally or as it affects a particular area.

An interim order has effect until the proceedings are finally determined.

(3) Subsection (4) applies if the court is satisfied as to any of the following—

(a) that a relevant document is to any extent outside the appropriate powers;

(b) that the interests of the applicant have been substantially prejudiced by failure to comply with a procedural requirement.

(4) The court may—

(a) quash the relevant document;

(b) remit the relevant document to a body or person with a function relating to its preparation, adoption or publication.

(5) If the court remits the relevant document under subsection (4)(b), it may give directions as to the action to be taken in relation to the relevant document.

(6) Directions under subsection (5) may in particular—

(a) require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published;

(b) require specified steps in the process that has resulted in the adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;

(c) require action to be taken by a body or person with a function relating to the preparation, adoption or publication of the document (whether or not the body or person to whom the document is remitted);

(d) require action to be taken by one body or person to depend on what action has been taken by another body or person.

(7) The court’s powers under subsections (4) and (5) are exercisable in relation to the whole or any part of the relevant document.

(8) Expressions used in this section and in section 62 have the same meaning in this section as they have in that section.