Planning (Hazardous Substances) Act 1990

22 Validity of decisions as to applications. E+W

(1) If any person is aggrieved by any decision of the Secretary of State under section 20 or 21 and wishes to question the validity of that decision on the grounds—

(a) that it is not within the powers of this Act; or

(b) that any of the relevant requirements have not been complied with in relation to that decision,

he may F1 ... make an application to the High Court under this section.

(2) Without prejudice to subsection (1), if the hazardous substances authority who made the decision on the application to which the proceedings relate or, as the case may be, referred the application wish to question the validity of any such decision as is mentioned in that subsection on any of the grounds there mentioned, the authority may F1 ... make an application to the High Court under this section.

[F2 (2A) An application under this section may not be made without the leave of the High Court.

(2B) An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the date on which the decision to which the application relates is taken.

(2C) When considering whether to grant leave for the purposes of subsection (2A), the High Court may by interim order suspend the operation of the decision the validity of which the person or authority concerned wishes to question, until the final determination of—

(a) the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application under this section made with such leave.]

(3) On any application under this section [F3 (other than an application for leave)] the High Court—

(a) may by interim order suspend the operation of the decision the validity of which is questioned by the application until the final determination of the proceedings;

(b) if satisfied that the decision in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it, may quash that decision.

(4) In this section “the relevant requirements”, in relation to any decision, means any requirements of this Act or the [F4 principal Act]or of [F5 the Tribunals and Inquiries Act 1992], or of any order, regulations or rules made under this Act or under either of those Acts which are applicable to that decision.

(5) Except as provided by this section, the validity of any such decision as is mentioned in subsection (1) shall not be questioned in any legal proceedings whatsoever.

(6) Nothing in subsection (5) shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such decision as is there mentioned.

Textual Amendments

F1 Words in s. 22(1)(2) omitted (26.10.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 7(2); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F2 S. 22(2A)-(2C) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 7(3); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F3 Words in s. 22(3) inserted (26.10.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 16 para. 7(4); S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))

F4 Words "principal Act" substituted (1.1.1992) for words "1971 Act" by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 7; S.I. 1991/2829, art. 3

F5 Words in s. 22(4) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 127), ss. 18(1), 19(2), Sch. 3 para. 33

Modifications etc. (not altering text)

C1 S. 22 modified by S.I. 1992/656, reg. 26(5)

C2 S. 22 applied (28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 58(6) (with s. 111); S.I. 2004/2202, art. 3(a)

C3 S. 22 modified (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 23(5) (with reg. 34)

Commencement Information

I1 S. 22 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 22 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2