C3 Part II Water Resources Management

Annotations:
Modifications etc. (not altering text)
C3

Pt. II: transfer of functions to the Environment Agency (1.4.1996) by 1995 c. 25, s. 2(1)(a)(i) (with ss. 115, 117); S.I. 1996/186, art. 3

C1C2C4C5C6C7C8C9C10C11C12 Chapter II ABSTRACTION AND IMPOUNDING

Annotations:
Modifications etc. (not altering text)
C1

Chapter II of Part II excluded (1.4.1996) by 1995 c. 25, s. 6(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C2

Chapter II of Part II modified (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 Pt. III para. 11

C7

Pt. II Ch. II modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 11

Supplemental provisions of Chapter II

69 Validity of decisions of Secretary of State and related proceedings.

1

Except as provided by the following provisions of this section, the validity of a decision of the Secretary of State on—

a

any appeal to the Secretary of State under this Chapter; or

b

any reference to the Secretary of State in pursuance of a direction under section 41 above or in pursuance of section 53(4) above,

shall not be questioned in any legal proceedings whatsoever.

2

If, in the case of any such appeal or reference, the F2appropriate agency or the other party desires to question the validity of the decision of the Secretary of State on the grounds—

a

that the decision is not within the powers of this Act; or

b

that any of the requirements of, or of any regulations made under, this Chapter which are applicable to the appeal or reference have not been complied with,

the F2appropriate agency or, as the case may be, the other party may, at any time within the period of six weeks beginning with the date on which the decision is made, make an application to the High Court under this section.

3

On any application under this section, the High Court may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings.

4

If the High Court is satisfied, on an application under this section—

a

that the decision to which the application relates is not within the powers of this Act; or

b

that the interests of the person making the application under this section have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) above,

the High Court may quash the decision.

F15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this section—

  • “decision” includes a direction; and

  • “other party” —

a

in relation to an appeal, means the appellant;

b

in relation to a reference in pursuance of a direction under section 41 above, means the applicant for the licence or, where that section applies by virtue of section 51(3) above, for the revocation or variation; and

c

in relation to a reference in pursuance of section 53(4) above, means (subject, without prejudice to their application to the other provisions of this Chapter, to subsections (6) and (7) of section 25 above) the holder of the licence.