PART IIENTERPRISE ZONES
Designation of enterprise zones
Questioning validity of scheme6
1
If a person is aggrieved by a scheme adopted by the Department under Article 4 and he wishes to question its validity on the ground that it is not within the powers conferred by this Order, or that any requirement of this Order has not been complied with, he may within the period of one month commencing with the first publication (whether in the Belfast Gazette or otherwise) under Article 5(3) make an application under this Article to the High Court.
2
On such an application the High Court, if satisfied—
a
that the scheme is wholly or to any extent outside the powers conferred by this Order, or
b
that the interests of the applicant would be substantially prejudiced by the failure to comply with any requirement of this Order if an order were made under Article 7 designating the area to which the scheme relates as an enterprise zone,
may order that the Department shall not make an order under Article 7 designating the area as an enterprise zone in pursuance of the scheme, but (in a case where sub-paragraph (b) applies) may further order that if steps are taken to comply with the requirement concerned an order may be made designating the area.
3
No order made by the High Court under paragraph (2) prejudices the making of an order under Article 7 designating the area as an enterprise zone in pursuance of another scheme (so long as this Order is complied with).
4
Except as provided by this Article, the validity of a scheme adopted under Article 4 shall be questioned in any legal proceedings whatsoever.