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 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.