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Link to original content: http://www.legislation.gov.uk/ukpga/1990/8/section/61N
Town and Country Planning Act 1990, Section 61N is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if—
(a)the proceedings are brought by a claim for judicial review, and
(b)the claim form is filed before the end of the period of 6 weeks beginning with [F2the day after] the day on which the decision is published.
(2)A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) [F3or paragraph 13B of that Schedule (intervention powers of Secretary of State)] only if—
(a)the proceedings are brought by a claim for judicial review, and
(b)the claim form is filed before the end of the period of 6 weeks beginning with [F4the day after] the day on which the decision is published.
(3)A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B 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 result of the referendum is declared.]
Textual Amendments
F1Ss. 61E-61Q and cross-heading inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 2; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)
F2Words in s. 61N(1)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F3Words in s. 61N(2) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(3), 216(3); S.I. 2016/733, reg. 4(1)(b)
F4Words in s. 61N(2)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F5Words in s. 61N(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
F6Words in s. 61N(3)(b) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 92(1)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 71
Modifications etc. (not altering text)
C1S. 61N applied (with modifications) by 2004 c. 5, s. 38C(2)(d)(4) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))
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