PART 2

MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 7

GENERAL

Supplementary

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