- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (19/08/2016)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 19/08/2016.
New Roads and Street Works Act 1991, Cross Heading: Challenge to validity of order or certificate is up to date with all changes known to be in force on or before 14 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
10(1)If a person aggrieved by a toll order desires to question the validity of it, or of any provision contained in it, on the ground—E+W
(a)that it is not within the powers of this Act, or
(b)that any requirement of this Act has not been complied with,
he may within six weeks after the publication (or first publication) of the notice required by paragraph 8 make an application for the purpose to the High Court.
(2)The court may on such an application by interim order suspend the operation of the toll order, or any provision of it, either generally or so far as the interests of the applicant are affected, until the final determination of the proceedings.
(3)If on an application under this paragraph the court is satisfied—
(a)that the order, or any provision of it, is not within the powers of this Act, or
(b)that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid,
the court may quash the order or any provision of it.
(4)If the court quashes the order, the relevant special road scheme shall also cease to have effect.
(5)Except as provided by this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after it is made or confirmed, and shall become operative on such date as is specified in the order.
11(1)In relation to a toll order which is subject to special parliamentary procedure—E+W
(a)if the order is confirmed by Act of Parliament under section 6 of the M1Statutory Orders (Special Procedure) Act 1945, paragraph 10 above does not apply;
(b)in any other case, that paragraph has effect subject to the following modifications—
(i)the reference in sub-paragraph (1) to the date on which the notice required by paragraph 8 is published (or first published) shall be construed as a reference to the date on which the order becomes operative under the Act of 1945, and
(ii)in sub-paragraph (5) the words “and shall become operative” to the end shall be omitted.
(2)The provisions of paragraph 10(1) to (3) and (5) above apply in relation to a certificate under paragraph 9 as in relation to a toll order, subject to the following modifications—
(a)the reference in sub-paragraph (1) to the notice required by paragraph 8 shall be construed as a reference to the notice required by paragraph 9(3), and
(b)in sub-paragraph (5) for “made or confirmed” substitute “ given ” and omit the words from “and shall become operative” to the end.
Marginal Citations
M19 & 10 Geo. 6 c. 18.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys