OpenLegislation

Section 169 Legal challenges relating to applications made to the Welsh Ministers or Secretary of StateI1

England and Wales Not yet in force

(1)

This section applies where an application has been made to the Welsh Ministers or the Secretary of State under section 167(3).

(2)

A court may entertain proceedings for questioning a determination by the Welsh Ministers or the Secretary of State that the planning obligation is to continue to have effect without modification only if—

(a)

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

(b)

the claim form is filed before the end of 6 weeks beginning with the day after the day notice of the determination is given under section 167(7).

(3)

A court may entertain proceedings for questioning a failure by the Welsh Ministers or the Secretary of State to give notice in accordance with section 167(7) only if—

(a)

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

(b)

the claim form is filed before the end of 6 weeks beginning with the day after the day the period specified under section 167(7) ends.

Annotations

Commencement

I1

S. 169 not in force at Royal Assent, see s. 409(2)