Aviation Regulation Act 2001

Judicial review.

38

38.—(1) A person shall not question the validity of a determination, a review of a determination or a request of the Commission under this Part otherwise than by way of an application for leave to apply for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986) (hereafter in this section referred to as “the Order”).

(2) An application for leave to apply for judicial review under the Order in respect of either of the matters referred to in subsection (1) shall—

( a) be made within the period of two months commencing on the date on which notice of the determination under this Part was first published, unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and

( b) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to the Commission and the person concerned,

and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the determination is invalid or ought to be quashed.

(3) The High Court may, before hearing an application referred to in subsection (2), direct that notice of the application be also served on such other persons as the Court may specify.

(4) Notwithstanding an application for leave to apply for judicial review under the Order against a determination under this Part, the application shall not affect the validity of the determination and its operation unless, upon an application to the High Court, that Court suspends the determination until the application is determined or withdrawn.

(5) ( a)  The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court or the Supreme Court certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

( b)  This subsection shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(6) Where an application is made for judicial review in respect of part only of a determination under this Part, the High Court may, if it so thinks fit, declare to be invalid or quash the part or any provision thereof without declaring to be invalid or quashing the remainder of the determination or part, as the case may be, and if the Court does so, it may make any consequential amendments to the remainder of the order or part, as the case may be.

(7) References in this section to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.