Part 2National policy statements
I113Legal challenges relating to national policy statements
1
A court may entertain proceedings for questioning a national policy statement or anything done, or omitted to be done, by the Secretary of State in the course of preparing such a statement only if—
a
the proceedings are brought by a claim for judicial review, and
b
the claim form is filed during the period of 6 weeks beginning with—
i
the day on which the statement is designated as a national policy statement for the purposes of this Act, or
ii
(if later) the day on which the statement is published.
2
A court may entertain proceedings for questioning a decision of the Secretary of State not to carry out a review of all or part of a national policy statement only if—
a
the proceedings are brought by a claim for judicial review, and
b
the claim form is filed during the period of 6 weeks beginning with the day of the decision not to carry out the review.
3
A court may entertain proceedings for questioning a decision of the Secretary of State to carry out a review of all or part of a national policy statement only if—
a
the proceedings are brought by a claim for judicial review, and
b
the claim form is filed during the period of 6 weeks beginning with the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.
4
A court may entertain proceedings for questioning anything done, or omitted to be done, by the Secretary of State in the course of carrying out a review of all or part of a national policy statement only if—
a
the proceedings are brought by a claim for judicial review, and
b
the claim form is filed during the period of 6 weeks beginning with the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.
5
A court may entertain proceedings for questioning anything done by the Secretary of State under section 6(5) after completing a review of all or part of a national policy statement only if—
a
the proceedings are brought by a claim for judicial review, and
b
the claim form is filed during the period of 6 weeks beginning with the day on which the thing concerned is done.
6
A court may entertain proceedings for questioning a decision of the Secretary of State as to whether or not to suspend the operation of all or part of a national policy statement under section 11 only if—
a
the proceedings are brought by a claim for judicial review, and
b
the claim form is filed during the period of 6 weeks beginning with the day of the decision.