Schedules

SECOND SCHEDULE Provisions with respect to certain orders

Part I Procedure for making certain orders

8

F11

If, where the order is made, any person aggrieved thereby, being a person required to be served with a copy of the order under the last foregoing paragraph, desires to question the validity thereof or of any provision contained therein on the ground that the making of the order or the inclusion of that provision was not authorised by this Act or on the ground that any requirement of this Act or of any rules made under sub-paragraph (3) of paragraph 4 of this Schedule has not been complied with in relation to the order, he may, not later than the expiration of six weeks from the date on which he is served as aforesaid, make an application to the F3appropriate court, and on any such application the court—

a

may by interim order suspend the operation of the order or any provision contained therein, either generally or in so far as it affects any property of the applicant or a part of any such property, until the final determination of the proceedings;

b

if satisfied that the making of the order or the inclusion of any provision therein was not authorised by this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any requirement of this Act or of any such rules as aforesaid in relation to the order, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant or a part of any such property.

F22

In this paragraph “appropriate court” means—

a

if the order relates to land in England and Wales, the High Court in England and Wales;

b

if the order relates to land in Scotland, the Court of Session;

c

if the order relates to land in Northern Ireland, the High Court in Northern Ireland.