OpenLegislation

Section 187 Effect and validity of correction noticeI1I2

England and Wales

(1)

If a correction is made under section 186—

(a)

the original decision is to be treated as not having been made;

(b)

the decision is to be treated for all purposes as having been made on the day the correction notice is issued.

(2)

If a correction is not made—

(a)

the original decision continues to have effect;

(b)

section 186 and this section do not affect anything done in pursuance of or in relation to the decision.

(3)

Where a correction notice is issued in relation to a decision to which section 182 applies, section 183 applies to the correction notice as if it were a decision to which section 182 applies.

(4)

Where a correction notice is issued in relation to a decision to which section 184 applies, section 184 applies to the correction notice as if it were a decision to which that section applies.

(5)

Where regulations under section 185(2)(c) specify a description of decision, the Welsh Ministers must by regulations make provision which corresponds to section 183 or 184 for questioning the validity of a correction notice issued in relation to a decision of that description.

(6)

The validity of a correction notice may not be questioned in any legal proceedings except to the extent provided by virtue of this section.

Annotations

Commencement

I1

S. 187 not in force at Royal Assent, see s. 212(2)

I2

S. 187 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)

Notes on Part 5

Modifications

C1

Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))