C3Part VIII Miscellaneous and Supplementary Provisions
C1C2C4C5C6107 Validity of decisions and proceedings relating thereto.
1
2
If the person to whom such a decision relates desires to question the validity of the decision on the grounds—
a
that it is not within the powers of this Act, or
b
that any of the requirements of this Act or of any regulations made under this Act, which are applicable to the matter to which the decision relates, have not been complied with,
that person may, at any time within the period of three months from the date on which notice of the decision is served on him, make an application to the High Court under this section.
3
On any application under this section the High Court—
a
may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings;
b
if satisfied that the decision is not within the powers of this Act, or that the interests of the person making the application have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) of this section, may quash the decision.
4
5
In the application of this section to Scotland, any reference to the High Court shall be construed as a reference to the Court of Session.
6
In the application of this section to Northern Ireland, any reference to the High Court shall be construed as a reference to a judge of the High Court F6... in Northern Ireland.
Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)