# Marine and Coastal Access Act 2009, Section 62: Validity 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;
“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);
“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;
“superior court in the United Kingdom” means any of the following—
(a)the High Court;
(b)the Court of Session.

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Source: https://www.legislation.gov.uk/ukpga/2009/23/section/62 (the official version)
Page: https://openlegislation.uk/marine-and-coastal-access-act-2009/section-62
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.