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Land Drainage Act 1991
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Land Drainage Act 1991, Paragraph 7 is up to date with all changes known to be in force on or before 04 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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Changes and effects yet to be applied to Schedule 3 Paragraph 7:
- s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
- s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
- s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
- s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 37(5A)-(5D) inserted by 2016 anaw 3 s. 83(2)(b)
- s. 37(5A) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(i)
- s. 37(5B)(5C) words substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
- s. 37(5D)(5E) substituted in earlier affecting provision 2016 anaw 3, s. 83(2)(b) by 2021 c. 30 s. 95(2)(b)(ii)
7(1)If any person aggrieved by an unconfirmed order desires to question its validity 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 of the relevant date, make an application for the purpose to the High Court.
(2)Where an application is duly made to the High Court under this paragraph, the High Court, if satisfied—
(a)that the order is not within the powers of this Act; or
(b)that the interests of the applicant have been substantially prejudiced by any requirements of this Act not having been complied with,
may quash the order either generally or in so far as it affects the applicant.
(3)Except by leave of the Court of Appeal, no appeal shall lie to the [F1Supreme Court] from a decision of the Court of Appeal in proceedings under this paragraph.
(4)Subject to the preceding provisions of this paragraph, an unconfirmed order shall not at any time be questioned in any legal proceedings whatsoever.
(5)In this paragraph “the relevant date”, in relation to any order to which this Schedule applies, means—
(a)where the order is subject to special parliamentary procedure, the date on which the order becomes operative under the M1Statutory Orders (Special Procedure) Act 1945;
(b)where the order is not subject to special parliamentary procedure, the date of the publication of the notice mentioned in paragraph 6 above.
Textual Amendments
F1Words in Sch. 3 para. 7(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 56; S.I. 2009/1604, art. 2(d)
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