Section 10 Enforcement
United Kingdom
Any of the following may bring proceedings in the High Court or the Court of Session in respect of a failure by a person or body listed in Part 1 or 3 of Schedule 1 to comply with section 2(1), 3(3), 4(1) or (8), 5(3), 6(6), 9(4)F1, F215(7), 15A(8) or 15B(7)—
a Minister of the Crown,
a person or body listed in Part 1 of Schedule 1, and
a person or body listed in Part 3 of Schedule 1.
In proceedings under subsection (1) the High Court or the Court of Session may grant any relief, or make any order, that it thinks appropriate.
In relation to emergencies that do not fall within section 1(1)(c), the power under subsection (1)(a) to bring proceedings in respect of a failure by the Chief Constable (PSNI) is exercisable by the Department of Justice in Northern Ireland (and not by a Minister of the Crown).
Annotations
Textual amendments
- F1
Words in s. 10(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 102(2) (with arts. 28-31, Sch. 3 para. 110)
- F2
Words in s. 10(1) substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 41(9)
- F3
S. 10(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 5, Sch. 3 para. 102(3) (with arts. 28-31, Sch. 3 para. 110)