21High Court review after failure to take specified action(1)

This section applies where the OEGW considers that a public authority has failed to take an action specified in a compliance notice in the period within which the action is required to be taken.

(2)

The OEGW may apply to the High Court for an order requiring the public authority to—

(a)

take the action as specified in the compliance notice, or

(b)

take such action as varied by the Court as it considers appropriate.

(3)

An application may not be made in relation to an action specified in a compliance notice that is not an urgent compliance notice before the later of—

(a)

the end of the period within which the public authority is required to take the action, and

(b)

any time limit that applies to the commencement of judicial review for questioning the alleged conduct in respect of which the compliance notice was served.

(4)

An application may not be made in relation to an action specified in an urgent compliance notice before the end of the period within which the public authority is required to take the action.

(5)

An order granted on an application under subsection (2) must specify the period within which the action is required be taken.

(6)

If, in determining an application under subsection (2), the Court considers that a compliance notice or a part of a compliance notice is unreasonable or that, for any other reason, the notice ought to not have been served or the part ought to not have been included, the Court must by order require the OEGW to withdraw the notice or (as the case may be) the part of the notice.