Marine and Coastal Access Act 2009 (c. 23)

Part 3 Marine planning

Chapter 5 Miscellaneous and general provisions

Validity of documents under this Part

62 Validity of marine policy statements and marine plans

(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—

  (a)

  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;

  (b)

  in any other case, any superior court in the United Kingdom;

• “the appropriate powers” means—

  (a)

  in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;

  (b)

  in the case of a marine plan or an amendment of a marine plan, the powers conferred by—

  (i)

  Chapter 2 of this Part, or

  (ii)

  section 55 (delegation);

• “procedural requirement” means any requirement—

  (a)

  under the appropriate powers, or

  (b)

  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—

  (a)

  the High Court;

  (b)

  the Court of Session.