SCHEDULES
C2C1C3SCHEDULE 4Powers in relation to, and for, statutory undertakers
Sch. 4 applied (with modifications) by 1999 c. 29, s. 333ZB(3)(4) (as inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 187(3), 240(2); S.I. 2012/57, art. 4(1)(w) (with arts. 6, 7, 9-11))
Schs. 2-4 applied (with modifications) (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(3), Sch. 3 Pt. 2
Part 4Relieving undertakers of obligations
Legal challenges to orders
I139
1
Sub-paragraph (2) applies if a person aggrieved by an order under paragraph 28 wishes to question its validity on the ground that—
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.
Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)