Space Industry Act 2018

Section 43

SCHEDULE 7 Powers in relation to land: quashing of orders

Application to quash an order

1 (1) A person who is aggrieved by the making of an order under section 39 or 41 may apply to the appropriate court for the order, or any of its provisions, to be quashed.

(2) An application under this paragraph may be made on the ground—

(a) that the order, or any provision of it, is not within the powers of the Secretary of State, or

(b) that any requirement of this Act has not been complied with in relation to the order.

Time limit

2 An application under paragraph 1 must be made within the period of six weeks beginning with the day on which the notice that the order has been made is published under paragraph 6(1)(a) or paragraph 8(1)(a) (as the case may be) of Schedule 6.

Determination of application

3 (1) When an application is made, the appropriate court—

(a) may by interim order suspend the operation of the order in question, or of any of its provisions, until the proceedings are finally determined;

(b) may, if satisfied as required by sub-paragraph (2), quash the order or any of its provisions.

(2) The appropriate court is satisfied as required by this sub-paragraph if it is satisfied—

(a) that the order is, or any of its provisions are, outside the powers of the Secretary of State, or

(b) that the interests of the applicant have been substantially prejudiced by any requirement of this Act not having been complied with.

(3) The appropriate court may exercise its powers under sub-paragraph (1) either generally or insofar as the order (or any of its provisions) affects the applicant.

“The appropriate court”

4 In this Schedule “the appropriate court”—

(a) in relation to England and Wales and Northern Ireland, means the High Court;

(b) in relation to Scotland, means the Court of Session.