SCHEDULES
C30C41 SCHEDULE 9 Special Provisions as to certain Orders
Sch. 9 applied (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 17(3)
C7C33 Part I Reserve Powers of F81national authority
Words in Sch. 9 Pt. I substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(2)
Sch. 9 Pt. I (paras. 1–12) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
Sch. 9 Pt. I applied (E.W.) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 17(3)
C1F1 1
Subject to paragraphs 8 and 26 of this Schedule, the F83national authority , after consultation with F74a strategic highways company or a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, F214 (in so far as the power under that section is exercisable by virtue of section 22C), 19,32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an ''authorised authority’’) may give to that F84authorised authority a direction under paragraph 2 below with respect to any of those provisions.
2
A direction under this paragraph is a direction either—
a
b
prohibiting the F85authorisedF3 . . . authority (either generally, or without the consent of the F86national authority , or for a specified period) from making or bringing into operation an order under or by virtue of the provision or provisions in question with respect to specified matters or a specified area.
3
C21
2
C3C374
Where the F89 national authority has made an order by virtue of paragraph 3 above—
a
so far as appears to F90the national authority necessary in order to make the order effective, F91the national authority , or (except where the power is a power of F5the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act) any other local authority with whom F91the national authority may make arrangements for the purpose, shall have power to do anything which F6. . . the authorised authority would have had power to do if the order had been made by them, and
5
1
Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that F8the council of a London borough or the Common Council of the City of London have failed in the exercise of the powers conferred on them by section 6 of this Act to make such provision for the control of heavy commercial vehicles in F8their area as is appropriate for preserving or improving the amenities of F8their area, as if—
a
the power conferred by paragraph 1 above to give a direction with respect to section 6 of this Act were a duty to give such a direction; and
b
the power to make an order under that section conferred by paragraph 3 above were a duty to make such an order or a similar order under section 9 of this Act.
2
Any reference in this Act to paragraph 1 or 3 above shall be construed as including a reference to that paragraph as modified by this paragraph.
6
1
Where by virtue of paragraph 3 above a parking place has been designated under section 45 F9. . . of this Act by an order of the F92national authority , then if, with the consent of the Treasury, the F92national authority enters into an agreement with the local authority F9. . . for the transfer to that authority F9. . . of the operation of that parking place—
a
the operation of the parking place, and such apparatus or other things held by, and rights or liabilities of, the F92national authority in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the F92national authority ) as may be so specified;
b
from the taking effect of any such transfer of the operation of the parking place, the order designating the parking place shall have effect subject to such modifications (if any) appearing to the F92national authority to be requisite in consequence of the transfer as F93the national authority may direct; and
2
In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.
C47
1
Subject to paragraph 8 below, the F135national authority , after giving notice to F12. . . the authorised authority concerned and holding, if F136national authority thinks fit, a public inquiry, may by order vary or revoke any order made, or having effect as if made, under or by virtue of any of the provisions referred to in F12. . . paragraph 1 above.
2
This paragraph shall have effect without prejudice to any power to make an order for the like purpose by virtue of paragraph 3 above and Part IV of this Schedule.
F753
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C58
The F94national authority shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless F95the national authority is satisfied, having regard to any matters appearing to F96the national authority to be relevant, that the duty under section 122(1) of this Act of F13. . . the authorised authority concerned is not being satisfactorily discharged by the F97authorised F13. . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.
C69
The F98national authority may make an order under paragraph 7 above notwithstanding that F99the national authority is not satisfied as mentioned in paragraph 8 above, if F99the national authority is satisfied, having regard to any matters appearing to F100the national authority to be relevant, that there are special circumstances which make it expedient that the order should be made.
10
Where the Secretary of State—
a
gives a direction under paragraph 2 above requiring a county council or district council to make an order under section 32(1) or 35(1) of this Act, or
b
makes such an order by virtue of paragraph 3 above,
subsections (1) to (5) of section 39 of this Act shall not apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.
F1411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Where the Secretary of State—
a
gives a direction under paragraph 2 above requiring a county council F15or metropolitan district council or parish or community council to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, or
b
by virtue of paragraph 3 above, makes such an order in relation to such a parking place,
neither subsections (4) and (5) nor subsection (7) of section 59 of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.
F7912ZA
A power conferred upon the Scottish Ministers by this Schedule, so far as it relates to the exercise of a power under this Act by virtue of section 22C, is exercisable only with the consent of the Secretary of State.
F1612B
A power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.
Part II Consent of F82 national authority to Certain Orders
Words in Sch. 9 Pt. II substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(2)
C8C913
1
Where in the case of any order proposed to be made by a local authority other than F17the council of a London borough and the Common Council of the City of London under or by virtue of any of the following provisions of this Act, namely, sections 1, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 83(2) and 84, it is proposed to include in the order any provision—
a
so prohibiting or restricting the use of a road as to prevent, for more than 8 hours in any period of 24 hours, access for vehicles of any class to any premises situated on or adjacent to that road or any other premises accessible for vehicles of that class from, and only from, that road, or
F65ba
applying to a road for which a strategic highways company is the traffic authority, or
F19c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
being, in the case of an order for the purposes of section 84(1) of this Act—
F19i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
a provision applying to any road a speed limit of less than 30 miles per hour, or
F20 iii
a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or
e
varying or revoking, within 12 months of its making, any order made by, or made in pursuance of a direction given by, the F101national authority , or
f
making provision as respects any length of road for any purpose within 12 months after the date when a previous order made as respects that length of road for a similar purpose was varied or revoked by an order made by, or made in pursuance of a direction given by, the F101national authority ,
2
This sub-paragraph applies where—
a
it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and
b
either—
i
no owner, lessee or occupier of premises such as are mentioned in sub-paragraph (1)(a) above has submitted to the authority any objection to the inclusion of that provision in the order, or
ii
any such owner, lessee or occupier who has submitted such an objection has withdrawn it.
3
This sub-paragraph applies in the case of any order proposed to be made under section 9 of this Act where—
a
it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and
b
the effect of the prohibition by the order of the use of the road to which it relates or of any restriction on the use of that road contained in the order would be to prevent vehicles, or vehicles of any class, being loaded or unloaded in that road or to prevent persons boarding or alighting from a F21vehicle being used in the provision of a local service within the meaning of the Transport Act 1985 on that road, and
c
either—
i
no person has submitted to the authority any objection to the making of the order on the ground that it would prevent vehicles, or vehicles of that class, being loaded or unloaded in the road, and no person being the operator of a F22local service (within the meaning of the Transport Act 1985) has submitted to the authority any objection to the making of the order on the ground that it would prevent persons boarding or alighting from a F22vehicle being used in that service in the road, or
ii
any such person who has submitted an objection on that ground has withdrawn it.
F644
This sub-paragraph applies where it is proposed to include in the order provision mentioned in sub-paragraph (1)(ba), in which case the order must not be made without the consent of the strategic highways company.
C1014
F671
Where in the case of any order proposed to be made by F23the council of a London borough or the Common Council of the City of London under or by virtue of any of the following provisions of this Act namely, sections 6, 9, 35, 38, 45, 46, 49, F24. . . 83(2) and 84, it is proposed to include in the order any provision such as is mentioned in sub-paragraphs (b) to (f) of paragraph 13(1) above, then (except F68in a case to which sub-paragraph (2) applies or where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made except with the consent of the Secretary of State.
F692
This sub-paragraph applies where it is proposed to include in the order provision mentioned in paragraph 13(1)(ba), in which case the order must not be made without the consent of the strategic highways company.
F6314A
1
This paragraph applies where a strategic highways company proposes, other than further to a direction under paragraph 2, to include provision mentioned in paragraph 13(1)(b) or (c) to (f) in an order made by it under sections 1, 6, 9, 83(2) or 84.
2
Where this paragraph applies, the order must not be made without the consent of the Secretary of State.
C1115
1
2
No order under this paragraph removing any order from the orders for which the consent of the Secretary of State is for the time being required shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.
3
Any other order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F8015A
1
The Scottish Ministers may by order add to or remove from the orders for which their consent is required by paragraph 13 such orders made by such traffic authorities in Scotland as the Scottish Ministers may specify in the order.
2
An order under this paragraph may provide for the consent of the Scottish Ministers to be required (or not to be required) for an order for such purposes or in such circumstances as the Scottish Ministers may see fit to specify in the order under this paragraph.
3
An order under this paragraph removing an order from the orders for which the consent of the Scottish Ministers is for the time being required is subject to the affirmative procedure.
4
Any other order under this paragraph is subject to the negative procedure.
C12C4016
1
In consenting to any order submitted F108for consent under this Part of this Schedule, the Secretary of State F109or the Scottish Ministers may consent to the order either in the form in which it is submitted F110... or with such modifications as he F111or they think fit, which may include additions, exceptions, or other modifications of any description.
2
F1373
C1317
1
The Secretary of State F113or the Scottish Ministers may by order grant a general consent for the making of orders requiring F114... consent under this Part of this Schedule—
a
of such descriptions, or
b
with respect to such matters only, or
c
made by such local authorities, or by authorities of such classes of descriptions, or
d
made in such circumstances, or
e
complying with such requirements,
as may be specified in the order.
2
Any order F115of the Secretary of State under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F1123
Any order of the Scottish Ministers under this paragraph is subject to the negative procedure.
18
The power F116of the Secretary of State to make an order conferred by paragraph 15 or 17 above shall be exercisable by statutory instrument.
19
In this Part of this Schedule “principal road” means a road for the time being classified as a principal road—
a
by virtue of section 12 of the M1Highways Act 1980 (whether as falling within subsection (1) or as being so classified under subsection (3)), or
P1C19C20C31C38C34 Part III Procedure as to certain orders
Sch. 9 Pt. III (paras. 20-26) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
Sch. 9 Pt. III applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.
Sch. 9 Pt. III applied (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 14(3), 40(2)(6), 41(3); S.I. 2009/2577, art. 2
Sch. 9 Pt. III applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)
Sch. 9 Pt. 3 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(3)
Sch. 9 Pt. 3 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 5(2)(3)
Sch. 9 Pt. III: s. 124 (with Sch. 9 Pt. III) power exercised (20.11.1991) by S.I.1991/2709
20
1
Subject to sub-paragraph (2) below, before F26making make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, F27 . . . 32, 35, 37, 38, 45, 46, 49, F28. . . 61, 83(2) and 84, F72a strategic highways company, F29a local authority or Transport for London shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and, if the order in question has to be submitted F117for consent under Part II of this Schedule F30or any other provision of this Act, F73the company,, the authority F31or, as the case may be, Transport for Londonshall so consult before submitting the order F118....
2
Sub-paragraph (1) above shall not apply to an order made in pursuance of a direction under paragraph 2 of this Schedule, and shall have effect without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this Part of this Schedule.
C14C1521
As respects orders of F77a strategic highways company or a local authority other than F32the council of a London borough or the Common Council of the City of London under any of the provisions referred to in paragraph 20(1) above F33. . ., the F119national authority may make regulations for providing the procedure to be followed in connection with the making of such orders, the submission of such orders for the consent of the F119national authority or a county council where such submission is required, and the consideration by F120 the national authority or by the county council of any such order submitted to F120 the national authority or them; and the F119national authority shall by regulations under this paragraph make such (if any) provision as F121 the national authority considers appropriate with respect to—
a
the publication of any proposal for the making of such an order;
b
the making and consideration of objections to any such proposal; and
c
the publication of notice of the making of the order and of its effect.
22
1
Without prejudice to the generality of paragraph 21 above, regulations under that paragraph may include provision—
a
as to the form of any such order as is mentioned in that paragraph;
b
for the holding of inquiries for the purposes of any such order and as to the appointment of the person by whom any such inquiry is to be held;
c
for the making of modifications in any such order, whether in consequence of any objections or otherwise, before the order is made;
d
requiring any such order to include such exemptions for such purposes and subject to such exceptions as may be provided for by the regulations;
e
requiring the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as may be so provided for.
2
In sub-paragraph (1)(e) above, in its application to an order under section 61 of this Act, the reference to traffic signs shall be construed in accordance with subsection (8) of that section.
C1623
1
The Secretary of State, after consultation with F34the council of a London borough of the Common Council of the City of LondonF35or Transport for London,—
a
2
In paragraph 22(1)(c) above, so far as it relates to regulations made under this paragraph, “modifications” shall be construed as including additions, exceptions or other modifications of any description.
C1724
The F122national authority may make regulations with respect to the procedure in connection with the making by F123the national authority —
a
of any order made by virtue of paragraph 3 or made under paragraph 7 of this Schedule, or
b
25
Any regulations under this Part of this Schedule may make different provision for different orders or for different circumstances; and where any such regulations require an authority to post any notice in a F40road, the authority may, whether or not they are the F41traffic authority, take such steps for that purpose as they think fit, including the use for that purpose of any lamp-post, traffic sign or other structure whatsoever in the F40road, whether or not belonging to that authority.
C1826
1
Before giving any authority a direction under paragraph 2 of this Schedule to make (with or without modifications) an order under any of the provisions referred to in paragraph 20(1) above, in connection with which steps have already been taken in pursuance of regulations made under this Part of this Schedule, the F126national authority shall consider any objections made to that order.
2
If the order is directed to be made with modifications which appear to the F127national authority to affect substantially the character of the order, F128the national authority shall take such steps as appear to F129the national authority to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.
C21C22C32C39 Part IV Variation or Revocation of Certain Orders
Pt. IV (paras. 27–29) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
Sch. 9 Pt. IV applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)
Sch. 9 Pt. 4 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(3)
E127
1
Subject to F42sub-paragraphs (2) F138, (2A), (3) and (4) below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, F4314F4416A19, 29, F45. . . 32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.
2
Sub-paragraph (1) above shall have effect—
a
subject to sections 39(6), F46. . . and 59(6) of this Act, and
b
without prejudice to section 50(6) of this Act.
F1392A
Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—
a
it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and
b
it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.
F473
Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—
a
it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and
b
it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.
F1404
Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—
a
it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and
b
it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.
E2 27
1
Subject to F48sub-paragraphs (2) and (3) below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, F4914F5016A 19, 29, F51 . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.
2
Sub-paragraph (1) above shall have effect—
a
subject to sections 39(6), F52 . . . and 59(6) of this Act, and
b
without prejudice to section 50(6) of this Act.
F533
Where an order is required for the provision of facilities F141or the taking of a measure pursuant to a scheme implementing a bus services improvement partnership made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority—
a
it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and
b
it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.
C39C3528
For the avoidance of doubt it is hereby declared that, subject to Part II of this Schedule, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in paragraph 27(1) above extends to the variation or revocation of any such order in connection with the provision in question as is mentioned below, notwithstanding that it was made by, or by direction of, the Secretary of State F130or the Scottish Ministers , that is to say—
a
an order made in pursuance of a direction under paragraph 2 of this Schedule;
b
except where the provision in question is section 45, 46, 49, 50 or 53 of this Act, an order made by virtue of paragraph 3 of this Schedule;
c
d
an order under paragraph 7 of this Schedule or.
F56e
an order under section 34 of the Deregulation and Contracting Out Act 1994.
29
PART V Consultation With Traffic Commissioners
30
This Part of this Schedule applies to any order made under section 19 or 38(1)(a) of this Act, otherwise than in pursuance of a direction under paragraph 2 of this Schedule.
31
Before making an order to which this Part of this Schedule applies, the local authority—
a
a
F62shall consult the senior traffic commissioner appointed under section 4A of the Public Passenger Vehicles Act 1981, and
32
33
Paragraphs 31 and 32 above shall have effect without prejudice to paragraph 20 or to any regulations made under paragraph 21 or (in relation to an order under section 38(1)(a) of this Act) any regulations made under paragraph 23 of this Schedule.
C26C27C28C29 PART VI Validity of Certain Orders
Pt. VI (paras. 34–37) extended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 8
Pt. VI (paras. 34–37) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12(4)
Pt. VI (paras. 34–37) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4 Sch. 2 para. 22(1))
Sch. 9 Pt. VI applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
34
1
This Part of this Schedule applies—
a
to any order made under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9 F6016A, 19, 32, 37 and 38, and
b
to any designation order.
2
In this Part of this Schedule—
a
“the relevant powers”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means the powers with respect to such an order conferred by this Act, and, in relation to a designation order, means the powers of sections 45, 46, 49, F61. . . and 53 of this Act, and
b
“the relevant requirements”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means any requirement of, or of any instrument made under, any provision of this Act with respect to such an order, and, in relation to a designation order, means any requirement of sections 45, 46, 49, F61. . . and 53 of this Act or of Parts I to III of this Schedule or of any regulations made under Part III of this Schedule.
C23C3635
If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds—
a
that it is not within the relevant powers, or
b
that any of the relevant requirements has not been complied with in relation to the order,
he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.
C2436
1
On any application under this Part of this Schedule the court—
a
may, by interim order, suspend the operation of the order to which the application relates, or of any provision of that order, until the final determination of the proceedings; and
b
if satisfied that the order, or any provision of the order, is not within the relevant powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements, may quash the order or any provision of the order.
2
An order to which this Part of this Schedule applies, or a provision of any such order, may be suspended or quashed under sub-paragraph (1) above either generally or so far as may be necessary for the protection of the interests of the applicant.
C2537
Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever.
Sch. 9: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with art. 6)