- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2024)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/04/2024.
Marine and Coastal Access Act 2009, Section 62 is up to date with all changes known to be in force on or before 04 September 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.
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(1)This section applies to—
(a)any MPS,
(b)any amendment of an MPS,
(c)any marine plan,
(d)any amendment of a marine plan.
(2)Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.
(3)A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.
(4)A person aggrieved by a relevant document may make an application to the appropriate court on any of the following grounds—
(a)that the document is not within the appropriate powers;
(b)that a procedural requirement has not been complied with.
(5)Any such application must be made not later than 6 weeks after the publication of the relevant document.
(6)In this section—
“the appropriate court” means—
the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;
in any other case, any superior court in the United Kingdom;
“the appropriate powers” means—
in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;
in the case of a marine plan or an amendment of a marine plan, the powers conferred by—
Chapter 2 of this Part, or
section 55 (delegation);
“procedural requirement” means any requirement—
under the appropriate powers, or
in directions under section 55 or 57,
which relates to the preparation, adoption or publication of a relevant document;
“superior court in the United Kingdom” means any of the following—
the High Court;
the Court of Session.
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