Part 3Marine planning
Chapter 5Miscellaneous and general provisions
Validity of documents under this Part
62Validity of marine policy statements and marine plans
1
This section applies to—
a
any MPS,
b
any amendment of an MPS,
c
any marine plan,
d
any amendment of a marine plan.
2
Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.
3
A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.
4
A person aggrieved by a relevant document may make an application to the appropriate court on any of the following grounds—
a
that the document is not within the appropriate powers;
b
that a procedural requirement has not been complied with.
5
Any such application must be made not later than 6 weeks after the publication of the relevant document.
6
In this section—
“the appropriate court” means—
- a
the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;
- b
in any other case, any superior court in the United Kingdom;
- a
“the appropriate powers” means—
- a
in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;
- b
in the case of a marine plan or an amendment of a marine plan, the powers conferred by—
- i
Chapter 2 of this Part, or
- ii
section 55 (delegation);
- i
- a
“procedural requirement” means any requirement—
- a
under the appropriate powers, or
- b
in directions under section 55 or 57,
which relates to the preparation, adoption or publication of a relevant document;
- a
“superior court in the United Kingdom” means any of the following—
- a
the High Court;
- b
the Court of Session.
- a