Section 107 Validity of decisions and proceedings relating thereto.C1C2C3C4C5
United Kingdom
If the person to whom such a decision relates desires to question the validity of the decision on the grounds—
that it is not within the powers of this Act, or
that any of the requirements of this Act or of any regulations made under this Act, which are applicable to the matter to which the decision relates, have not been complied with,
that person may, at any time within the period of three months from the date on which notice of the decision is served on him, make an application to the High Court under this section.
On any application under this section the High Court—
may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings;
if satisfied that the decision is not within the powers of this Act, or that the interests of the person making the application have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) of this section, may quash the decision.
In the application of this section to Scotland, any reference to the High Court shall be construed as a reference to the Court of Session.
In the application of this section to Northern Ireland, any reference to the High Court shall be construed as a reference to a judge of the High Court F6... in Northern Ireland.
Annotations
Textual amendments
- F1
Words in s. 107(1) omitted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 17(a)(i) (with Sch. 32)
- F2
Words in s. 107(1) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 17(a)(ii) (with Sch. 32)
- F3
Words in s. 107(4) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 17(b)(i) (with Sch. 32)
- F4
Words in s. 107(4) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 17(b)(ii) (with Sch. 32)
- F5
Words in s. 107(4) substituted (14.8.2012) by The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 17(b)(iii) (with Sch. 32)
- F6
Words in s. 107(6) omitted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 17(c) (with Sch. 32)
Modifications
- C1
Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)
- C2
S. 107 applied (with modifications) (3.4.1992) by S.I. 1992/605, reg. 2(1)(2),Sch.
S. 107 extended (with modifications)(14.2.1994) by S.I. 1994/105, reg. 19, Sch.4
S. 107 applied (with modifications) (1.1.1995) by s.I. 1994/3144, reg.10, Sch. 4
S. 107 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5
- C3
Ss. 107-116 applied (with modifications) (1.5.2004) by Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), regs. 1, 47, Schs. 9
- C4
Ss. 107-109 applied (with modifications) (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1(a), 11, Schs. 4 (with Sch. 6)
- C5
Ss. 107-116 amendment to earlier affecting provision SI 2004/1031 reg. 47 Sch. 9 (29.8.2006) by Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (S.I. 2006/1928), regs. 1(1), 32
Notes on Part VIII
Modifications
- C1
Pt. VIII (ss. 104–136) extended by S.I. 1982/425, art. 3; and S.I. 1984/187 art. 2; and extended (with modifications) by S.I. 1985/403, art. 3(1)