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Wildlife and Countryside Act 1981
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- UK Public General Acts
- 1981 c. 69
- SCHEDULE 11
- Proceedings for questioning validity...
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Changes over time for: Cross Heading: Proceedings for questioning validity of orders
Version Superseded: 30/01/2001
Alternative versions:
- 01/02/1991- Amendment
- 01/01/1997
Point in time - 30/01/2001- Amendment
- 29/11/2004- Amendment
- 29/06/2011- Amendment
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Point in time view as at 01/01/1997.
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Wildlife and Countryside Act 1981, Cross Heading: Proceedings for questioning validity of orders is up to date with all changes known to be in force on or before 25 December 2024. 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.
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Proceedings for questioning validity of ordersE+W+S
7(1)This paragraph applies to any order which has taken effect and as to which the Secretary of State has given notice under paragraph 6 of a decision of his to take no action or to amend the order in accordance with paragraph 3 or 4; and in this paragraph “the relevant notice” means any such notice.
(2)If any person is aggrieved by an order to which this paragraph applies and desires to question its validity on the ground that it is not within the powers of section 29 or 34, as the case may be, or that any of the requirements of this Schedule have not been complied with in relation to it, he may within six weeks from the date of the relevant notice make an application to the Court under this paragraph.
(3)On any such application the Court may, if satisfied that the order is not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of those requirements—
(a)in England and Wales, quash the order, or any provision of the order, either generally or in so far as it affects the interests of the applicant; or
(b)in Scotland, make such declarator as seems to the Court to be appropriate.
(4)Except as provided by this paragraph, the validity of an order shall not be questioned in any legal proceedings whatsoever.
(5)In this paragraph “the Court” means the High Court in relation to England and Wales and the Court of Session in relation to Scotland.
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