Point in time view as at 03/08/2012.
Housing and Regeneration Act 2008, Paragraph 39 is up to date with all changes known to be in force on or before 06 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.
39(1)Sub-paragraph (2) applies if a person aggrieved by an order under paragraph 28 wishes to question its validity on the ground that—E+W
(a)it is not within the powers conferred by this Part of this Schedule, or
(b)any requirement of this Part of this Schedule has not been complied with in relation to the order.
(2)The person may, within 6 weeks beginning with the date on which the notice required by paragraph 36(2) is first published, apply to the High Court.
(3)The High Court may, on an application under sub-paragraph (2), make an interim order suspending (whether wholly or in part) the operation of the order under paragraph 28 until the final determination of the proceedings.
(4)The operation of the order may be suspended generally or so far as affecting any property of the applicant.
(5)The High Court may, on an application under sub-paragraph (2), quash (whether wholly or in part) the order under paragraph 28 if satisfied that—
(a)the order is wholly or to any extent outside the powers conferred by this Part of this Schedule, or
(b)the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of this Part of this Schedule.
(6)The order under paragraph 28 may be quashed generally or so far as affecting any property of the applicant.
Commencement Information
I1Sch. 4 para. 39 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(g) (with arts. 6-13)
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