SCHEDULES
C2C1C3C4C5C6C7C8C9C10SCHEDULE 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
Schs. 2-4 applied (with modifications) (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 14(5), Sch. 3 (with art. 28)
Schs. 2-4 applied (with modifications (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 10(5), Sch. 2 Pt. 2
Schs. 2-4 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(5), Sch. 2 Pts. 1, 2
Sch. 4: transfer of functions (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 9(1) (with art. 17)
Sch. 4 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(5), Sch. 2 Pt. 2
Schs. 2-4 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(5), Sch. 2 Pt. 2
Schs. 2-4 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 36(4), Sch. 4 (with art. 9)
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)