Article 50 Commencement of Part 2I1

England, Wales and Scotland

(1)

Subject to paragraph (4), this Part, except for this article and article 49, shall not have effect until—

(a)

the date on which a notice is served under this article by the undertaker on West Somerset District Council and the Marine Management Organisation; or

(b)

one year from the relevant date,

whichever is earlier.

(2)

In paragraph (1) “the relevant date” means—

(a)

the date on which this Order comes into force; or

(b)

where the making of this Order becomes the subject of any statutory challenge proceedings or judicial review proceedings, the date on which any such proceedings have been finally determined,

whichever is later.

(3)

For the purposes of this article—

(a)

statutory challenge proceedings are finally determined—

(i)

when the court has given judgement in the matter and the time for making an appeal expires without an appeal having been made or permission to appeal is refused; or

(ii)

when any appeal is finally determined; and

(b)

proceedings by way of judicial review are finally determined—

(i)

when permission to bring a claim for judicial review has been refused and no further application can be made;

(ii)

when the court has given judgment in the matter and the time for making an appeal expires without an appeal having been made or permission to appeal is refused; or

(iii)

when any appeal is finally determined.

(4)

In the event that the temporary jetty harbour empowerment order is quashed, this Part shall have immediate effect.

Annotations

Commencement

I1: Art. 50 in force at 9.4.2013, see art. 1