Miscellaneous and General
44F1 Limitation of right to challenge harbour revision orders, etc., in legal proceedings.
1
A person who desires to question any such order as follows, namely, a harbour revision or empowerment order F7(not being one confirmed by Act of Parliament under section F94 or 6 of the M1Statutory Orders (Special Procedure) Act 1945, or under section 2(4), as read with section 10, of that Act)F2or an order under section 15A of this Act, on the ground that there was no power to make the order or that a requirement of this Act was not complied with in relation to the order, F3... may, within six weeks from the date on which the order becomes operative F3... make an application for the purpose to the High Court or the Court of Session, as the case may be.
1A
On an application under the foregoing subsection F3... , the court—
a
may, by interim order, suspend the operation of the order or of any provision thereof, either generally or so far as may be necessary for the protection of the interests of the applicant, until the final determination of the proceedings; and
b
if satisfied that there was no power to make the order or that the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement of this Act so far as regards the inclusion in the order of that provision, may quash the order, or any provision thereof, either generally or so far as may be necessary as aforesaid.
F42
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3
4
The foregoing provisions of this section shall apply to a harbour reorganisation scheme confirmed F6or made by the Minister as they apply to a harbour revision order, with the substitution F6, in relation to a harbour reorganisation scheme confirmed by the Secretary of State, for references to the making of the order and to its being made of references respectively to the confirmation of the scheme and to its being confirmed.
5
In relation to proceedings in Scotland, subsections (1A)(a) F3... of this section shall have effect as if the words “by interim order” were omitted.
F136
In the case of an order falling within subsection (7), an environmental organisation is to be deemed to have sufficient interest to make an application under subsection (1).
7
An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Scottish Ministers decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.
8
For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.
F86
In the case of an order falling within subsection (7), an environmental organisation is F11... to be deemed to have sufficient interest to make an application under subsection (1).
F127
An order is within this subsection if, in relation to the proposed application relating to the project authorised by the order, the Secretary of State decided that an environmental impact assessment was required and informed the applicant accordingly under paragraph 6(2)(a) of Schedule 3.
8
For the purposes of subsections (6) and (7), an “environmental organisation” is a non-governmental organisation promoting environmental protection.
F109
Section 17D(3) applies this section to closure orders.