PART IIENTERPRISE ZONES

Modification of scheme and order

Questioning validity of modifications to a scheme11.

(1)

If a person is aggrieved by modifications adopted by the Department under Article 4 (as applied by Article 10(2)) and he wishes to question their validity on the ground that they are not within the powers conferred by this Order, or that any requirement of this Order has not been complied with, he may within the period of one month commencing with the first publication (whether in the Belfast Gazette or otherwise) under Article 5(3) (as so applied) make an application under this Article to the High Court.

(2)

On such an application the High Court, if satisfied—

(a)

that the modifications are wholly or to any extent outside the powers conferred by this Order, or

(b)

that the interests of the applicant would be substantially prejudiced by the failure to comply with any requirement of this Order if the modifications took effect,

may order that the Department shall not publish a notice under Article 12 bringing the modifications into effect, but (in a case where sub-paragraph (b) applies) may further order that if steps are taken to comply with the requirement concerned a notice may be published bringing the modifications into effect.

(3)

Except as provided by this Article, the validity of modifications adopted under Article 4 (as applied by Article 10 (2)) shall not be questioned in any legal proceedings whatsoever.