Modifications etc. (not altering text)
C1Sch. 4 applied (with modifications) (15.1.2012) by Localism Act 2011 (c. 20), ss. 208(4)(5), 240(1)(l)
C2Sch. 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))
C3Schs. 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
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)