Secretary of State’s powers
C1I1C2C322 Validity of decisions as to applications.
1
If any person is aggrieved by any decision of the Secretary of State under section 20 or 21 and wishes to question the validity of that decision on the grounds—
a
that it is not within the powers of this Act; or
b
that any of the relevant requirements have not been complied with in relation to that decision,
he may F4... make an application to the High Court under this section.
2
Without prejudice to subsection (1), if the hazardous substances authority who made the decision on the application to which the proceedings relate or, as the case may be, referred the application wish to question the validity of any such decision as is mentioned in that subsection on any of the grounds there mentioned, the authority may F4... make an application to the High Court under this section.
F32A
An application under this section may not be made without the leave of the High Court.
2B
An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the date on which the decision to which the application relates is taken.
2C
When considering whether to grant leave for the purposes of subsection (2A), the High Court may by interim order suspend the operation of the decision the validity of which the person or authority concerned wishes to question, until the final determination of—
a
the question of whether leave should be granted, or
b
where leave is granted, the proceedings on any application under this section made with such leave.
3
On any application under this section F5(other than an application for leave) the High Court—
a
may by interim order suspend the operation of the decision the validity of which is questioned by the application until the final determination of the proceedings;
b
if satisfied that the decision in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it, may quash that decision.
4
In this section “the relevant requirements”, in relation to any decision, means any requirements of this Act or the F1principal Actor of F2the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under this Act or under either of those Acts which are applicable to that decision.
5
Except as provided by this section, the validity of any such decision as is mentioned in subsection (1) shall not be questioned in any legal proceedings whatsoever.
6
Nothing in subsection (5) shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such decision as is there mentioned.