New Roads and Street Works Act 1991

Challenge to validity of order or certificate E+W

10 (1) If a person aggrieved by a toll order desires to question the validity of it, or of any provision contained in it, on the ground— E+W

(a) that it is not within the powers of this Act, or

(b) that any requirement of this Act has not been complied with,

he may within six weeks after the publication (or first publication) of the notice required by paragraph 8 make an application for the purpose to the High Court.

(2) The court may on such an application by interim order suspend the operation of the toll order, or any provision of it, either generally or so far as the interests of the applicant are affected, until the final determination of the proceedings.

(3) If on an application under this paragraph the court is satisfied—

(a) that the order, or any provision of it, is not within the powers of this Act, or

(b) that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid,

the court may quash the order or any provision of it.

(4) If the court quashes the order, the relevant special road scheme shall also cease to have effect.

(5) Except as provided by this paragraph, the order shall not be questioned in any legal proceedings whatsoever, either before or after it is made or confirmed, and shall become operative on such date as is specified in the order.

11 (1) In relation to a toll order which is subject to special parliamentary procedure— E+W

(a) if the order is confirmed by Act of Parliament under section 6 of the M1 Statutory Orders (Special Procedure) Act 1945, paragraph 10 above does not apply;

(b) in any other case, that paragraph has effect subject to the following modifications—

(i) the reference in sub-paragraph (1) to the date on which the notice required by paragraph 8 is published (or first published) shall be construed as a reference to the date on which the order becomes operative under the Act of 1945, and

(ii) in sub-paragraph (5) the words “and shall become operative” to the end shall be omitted.

(2) The provisions of paragraph 10(1) to (3) and (5) above apply in relation to a certificate under paragraph 9 as in relation to a toll order, subject to the following modifications—

(a) the reference in sub-paragraph (1) to the notice required by paragraph 8 shall be construed as a reference to the notice required by paragraph 9(3), and

(b) in sub-paragraph (5) for “made or confirmed” substitute “ given ” and omit the words from “and shall become operative” to the end.

Marginal Citations

M1 9 & 10 Geo. 6 c. 18.