Prisons Act 2007

27.

Questioning of acts, etc., done pursuant to this Part.

27.— (1) A person shall not question—

( a) the validity of any act done (including any decision made or direction given) pursuant to this Part, or

( b) whether any environmental impact assessment or report by a rapporteur complies with this Part,

otherwise than by way of an application to the High Court for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986).

(2) An application for leave to apply for judicial review under subsection (1) shall—

( a) be made only by a person who is substantially affected by the development concerned or has made a submission or observations to the rapporteur in relation to it,

( b) be made within a period of 8 weeks after the act is done or the environmental impact assessment or report concerned is published, unless the Court, on the basis of evidence put before it, is satisfied that there is a good and substantial reason for extending the period, and

( c) be made by motion on notice, grounded in the manner specified under the said Order 84 in respect of an ex parte motion for such leave in accordance with that Order, to the Minister and any other party concerned.

(3) The application for such leave shall not be granted unless the Court is satisfied that there are substantial grounds for contending that the act done, or the statement or report, is invalid or ought to be quashed.

(4) The Court may, before hearing the application, direct that notice of it be also served on such persons as the Court may specify.

(5) ( a) The determination of the Court of an application for leave to apply for judicial review, or an application for judicial review, is final, and no appeal from the determination lies to the Supreme Court in either case, except by leave of the Court.

( b) Such leave shall be granted only where the Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal be taken to the Supreme Court.

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