377Statutory review of orders relating to highways and statutory undertakers(1)

The validity of an order to which this section applies may not be questioned in any legal proceedings (whether before or after the order is made or confirmed) except an application for statutory review under this section.

(2)

The orders to which this section applies are—

(a)

an order under Part 11 (orders stopping up or diverting highways or extinguishing public rights of way);

(b)

an order under section 318 (orders relieving statutory undertakers from obligations).

(3)

A person aggrieved by an order to which this section applies may make an application for statutory review under this section.

(4)

An application for statutory review under this section is an application to the High Court questioning the validity of the order on the grounds that—

(a)

it is not within the powers conferred by the provisions under which it is made, or

(b)

a procedural requirement has not been complied with.

(5)

An application for statutory review may only be made with the permission of the High Court.

(6)

An application for permission must be made before the end of 6 weeks beginning with the day after the day the relevant notice is first published.

(7)

When considering whether to give permission, the High Court may make an interim order suspending the operation of the order to which the proposed application for statutory review relates until the final determination of the proceedings on—

(a)

the application for permission, or

(b)

where permission is given, the application for statutory review.

(8)

On an application for statutory review the High Court—

(a)

may make an interim order suspending the operation of the order to which the application relates until the proceedings are finally determined;

(b)

may quash that order if satisfied that—

(i)

it is not within the powers conferred by the provisions under which it is made, or

(ii)

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

(9)

The High Court may exercise its powers under subsections (7) and (8) in relation to an order—

(a)

wholly or in part;

(b)

generally or as it affects the property of the applicant.

(10)

In subsection (6) “the relevant notice” means—

(a)

in a case relating to an order under section 280, 281, 286, 287 or 297, the notice required by paragraph 6 of Schedule 17;

(b)

in a case relating to an order under section 293 or 300, the notice required by paragraph 16 of Schedule 17;

(c)

in a case relating to an order under section 318, the notice required by paragraph 11 of Schedule 18.

(11)

Where an order under section 318 is subject to special parliamentary procedure by virtue of paragraph 10 of Schedule 18—

(a)

if the order is confirmed by an Act of the Parliament of the United Kingdom in accordance with section 6 of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18), this section does not apply to it;

(b)

in any other case, this section applies to the order as if the reference in subsection (6) to the day the relevant notice is first published were a reference to the day the order becomes operative under section 6 of that Act.