Coal Industry Act 1987
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Change 1
8 Proceedings for questioning validity of orders under sections 6 and 7.
(1) If any person is aggrieved by an order made under section 6 or 7 above and desires to question its validity on the ground that the order is not within the powers of the Secretary of State or that any requirements under that section have not been complied with in relation to it he may, within 42 days beginning with the date on which a copy of the statutory instrument containing the order is laid before Parliament (or if such copies are laid on different days, with the later of the two days), make an application to the court under this section. (2) If on an application under this section the court is satisfied that the order was not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements in relation to the order the court may quash the order. (3) Except as provided by this section, the validity of such an order shall not be questioned in any legal proceedings whatever. (4) In this section “the court” means— (a) in relation to England and Wales, the High Court; (b) in relation to Scotland, the Court of Session.
8 Proceedings for questioning validity of orders under sections 6 and 7.
(1) If any person is aggrieved by an order made under section 6 or 7 above and desires to question its validity on the ground that the order is not within the powers of the Secretary of State or that any requirements under that section have not been complied with in relation to it he may, within 42 days beginning with the date on which a copy of the statutory instrument containing the order is laid before Parliament (or if such copies are laid on different days, with the later of the two days), make an application to the court under this section. (2) If on an application under this section the court is satisfied that the order was not within those powers or that the interests of the applicant have been substantially prejudiced by a failure to comply with those requirements in relation to the order the court may quash the order. (3) Except as provided by this section, the validity of such an order shall not be questioned in any legal proceedings whatever. (4) In this section “the court” means— (a) in relation to England and Wales, the High Court; (b) in relation to Scotland, the Court of Session.
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