Search Legislation

New Roads and Street Works Act 1991

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 10

 Help about opening options

Alternative versions:

Status:

Point in time view as at 31/05/2018.

Changes to legislation:

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. Help about Changes to Legislation

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.

Back to top

Options/Help