Historic Environment (Wales) Act 2023

73 Application to High Court for statutory review of decision or order

(1) A person aggrieved by a decision or order to which section 72 applies may make an application for statutory review.

(2) An application for statutory review is an application to the High Court questioning the validity of the decision or order on the grounds that—

(a) it is not within the powers conferred by this Act, or

(b) a relevant requirement has not been complied with in relation to the decision or order.

(3) An application for statutory review must be made before the end of 6 weeks beginning with the day after the day the decision or order to which the application relates is made.

(4) On any application for statutory review the High Court—

(a) may make an interim order suspending the operation of the decision or order to which the application relates, until the proceedings are finally determined;

(b) may quash that decision or order if satisfied that—

(i) it is not within the powers conferred by this Act, or

(ii) the interests of the applicant have been substantially prejudiced by a failure to comply with a relevant requirement in relation to the decision or order.

(5) In this section “relevant requirement” means any requirement of—

(a) this Act or the Tribunals and Inquiries Act 1992 (c. 53), or

(b) any subordinate legislation made under this Act or under that Act.