Section 13 Legal challenges relating to national policy statementsI1

England and Wales

(1)

A court may entertain proceedings for questioning a national policy statement or anything done, or omitted to be done, by the Secretary of State in the course of preparing such a statement only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F1before the end of the period of 6 weeks beginning with F2the day after —

(i)

the day on which the statement is designated as a national policy statement for the purposes of this Act, or

(ii)

(if later) the day on which the statement is published.

(2)

A court may entertain proceedings for questioning a decision of the Secretary of State not to carry out a review of all or part of a national policy statement only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F3before the end of the period of 6 weeks beginning with F4the day after the day of the decision not to carry out the review.

(3)

A court may entertain proceedings for questioning a decision of the Secretary of State to carry out a review of all or part of a national policy statement only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F5before the end of the period of 6 weeks beginning with F6the day after the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.

(4)

A court may entertain proceedings for questioning anything done, or omitted to be done, by the Secretary of State in the course of carrying out a review of all or part of a national policy statement only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F7before the end of the period of 6 weeks beginning with F8the day after the day on which the Secretary of State complies with section 6(5) in relation to the review concerned.

(5)

A court may entertain proceedings for questioning anything done by the Secretary of State under section 6(5) after completing a review of all or part of a national policy statement only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F9before the end of the period of 6 weeks beginning with F10the day after the day on which the thing concerned is done.

(6)

A court may entertain proceedings for questioning a decision of the Secretary of State as to whether or not to suspend the operation of all or part of a national policy statement under section 11 only if—

(a)

the proceedings are brought by a claim for judicial review, and

(b)

the claim form is filed F11before the end of the period of 6 weeks beginning with F12the day after the day of the decision.

Annotations

Textual amendments

F1: Words in s. 13(1)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F2: Words in s. 13(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F3: Words in s. 13(2)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F4: Words in s. 13(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F5: Words in s. 13(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F6: Words in s. 13(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F7: Words in s. 13(4)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F8: Words in s. 13(4)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F9: Words in s. 13(5)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F10: Words in s. 13(5)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F11: Words in s. 13(6)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F12: Words in s. 13(6)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71

Commencement

I1: S. 13 in force at 6.4.2009 by S.I. 2009/400, art. 3(a)