Point in time view as at 31/05/2018.
New Roads and Street Works Act 1991, Paragraph 10 is up to date with all changes known to be in force on or before 07 March 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.
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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
