Point in time view as at 09/01/2019.
Planning Act 2008, Section 13 is up to date with all changes known to be in force on or before 02 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.
(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 [F1before the end of] the period of 6 weeks beginning with [F2the day after] —
(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 [F3before the end of] the period of 6 weeks beginning with [F4the day after] 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 [F5before the end of] the period of 6 weeks beginning with [F6the day after] 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 [F7before the end of] the period of 6 weeks beginning with [F8the day after] 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 [F9before the end of] the period of 6 weeks beginning with [F10the day after] 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 [F11before the end of] the period of 6 weeks beginning with [F12the day after] the day of the decision.
Textual Amendments
F1Words in s. 13(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F2Words in s. 13(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F3Words in s. 13(2)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F4Words in s. 13(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F5Words in s. 13(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F6Words in s. 13(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F7Words in s. 13(4)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F8Words in s. 13(4)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F9Words in s. 13(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F10Words in s. 13(5)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F11Words in s. 13(6)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F12Words in s. 13(6)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
Commencement Information
I1S. 13 in force at 6.4.2009 by S.I. 2009/400, art. 3(a)
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