![Close](/images/chrome/closeIcon.gif)
Print Options
PrintThe Whole
Act
PrintThe Whole
Part
PrintThis
Section
only
Changes over time for: Section 105D
![Help about opening options](/images/chrome/helpIcon.gif)
![Close](/images/chrome/closeIcon.gif)
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 05/03/2015
Status:
Point in time view as at 13/11/2012. This version of this provision has been superseded.![Help about Status](/images/chrome/helpIcon.gif)
![Close](/images/chrome/closeIcon.gif)
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
Highways Act 1980, Section 105D is up to date with all changes known to be in force on or before 17 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![Help about Changes to Legislation](/images/chrome/helpIcon.gif)
![Close](/images/chrome/closeIcon.gif)
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[[105DValidity of decisionsE+W
(1)If a person aggrieved by a decision of the Secretary of State to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—
(a)it is not within the powers of this Act; or
(b)any requirement of this Part of this Act has not been complied with in relation to the decision;
he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.
(2)On any such application, the Court—
(a)may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b)if satisfied that the decision 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 requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.
(3)Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.]]
Back to top