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—

    1. 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;

    2. b

      in any other case, any superior court in the United Kingdom;

  • “the appropriate powers” means—

    1. a

      in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;

    2. b

      in the case of a marine plan or an amendment of a marine plan, the powers conferred by—

      1. i

        Chapter 2 of this Part, or

      2. ii

        section 55 (delegation);

  • “procedural requirement” means any requirement—

    1. a

      under the appropriate powers, or

    2. b

      in directions under section 55 or 57,

    which relates to the preparation, adoption or publication of a relevant document;

  • “superior court in the United Kingdom” means any of the following—

    1. a

      the High Court;

    2. b

      the Court of Session.