Electricity Regulation Act 1999

Review of determination of Commission.

32

32.F368[(1) Without prejudice to any right under this Act to appeal to an Appeal Panel, a person shall not question in any legal proceedings

(a) the validity of a decision of the Commission on an application made to it for the grant of a licence or an authorisation or for the modification of a licence or an authorisation,

(b) a modification by the Commission of a licence or an authorisation,

(c) a decision of an Appeal Panel under section 30, or

(d) any decision (whether described as a decision, selection or determination or otherwise) made by the Commission under the Gas (Amendment) Act 2000, or under regulations under that Act,

otherwise than by way of an application 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).]

F369[(2) An application for leave to apply for judicial review in respect of any matter referred to in subsection (1) shall

(a) subject to subsection (2A), be made within the period of two months commencing on the date on which the decision is given, and

(b) be made by motion on notice to

(i) the Commission,

(ii) if the application relates to a decision concerning a matter referred to in paragraph (a), (b) or (c) of subsection (1) and the applicant for leave is not the applicant for, or holder of, the licence or authorisation concerned, the applicant for, or holder of, that licence or authorisation,

(iii) if the application relates to a decision referred to in paragraph (d) of subsection (1) and the applicant for leave is not the person in respect of whom the decision was made, that person, and

(iv) any other person specified for that purpose by order of the High Court,

and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed, and that the applicant has a substantial interest in the matter which is the subject of the application.

(2A) The Court may extend the period referred to in subsection (2)(a) within which an application for leave to apply for judicial review under the Order may be made in relation to a matter referred to in that subsection if, but only if, it is satisfied that each of the following conditions is fulfilled

(a) the applicant

(i) did not become aware until after the expiration of the period referred to in that subsection of the material facts on which the grounds for the said application for leave are based, or

(ii) did, before that period's expiration, become aware of those facts but only after such number of days of that period had elapsed as would not have made it reasonably practicable for the applicant to have made the said application for leave before that period's expiration,

(b) the applicant could not with reasonable diligence have become aware of those facts until after the expiration of that period, or, as the case may be, those number of days had elapsed,

(c) the said application for leave has been made as soon as is reasonably practicable after the applicant has become aware of those facts.]

(3) (a) The determination of the High Court of such an application for leave to apply for judicial review 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 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 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.

Annotations

Amendments:

F368

Substituted (8.10.2006) by European Communities (Internal Market in Electricity) Regulations 2006 (S.I. No. 524 of 2006), reg. 2(c).

F369

Substituted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 15, commenced on enactment.

C37

Terms “licence” and “authorisation” construed (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 16(17)(a), (b), commenced on enactment.

Natural Gas Licences

16. ...

(17)(a) in sections 14(7), 29, 30 and 32 of the Act of 1999 to a licence shall be construed as including a reference to a natural gas licence and an order made under section 2 (1) of the Gas (Amendment) Act, 1987,

(b) in sections 17(4), 29, 30 and 32 of the Act of 1999 to an authorisation shall be construed as including a reference to a consent of a type mentioned in section 8 (7), 39A(1) or 40 (1) of the Gas Act, 1976, other than a consent in regard to an upstream pipeline.

Editorial Notes:

E110

Previous affecting provision: subs. (1)(b), (c) substituted and (d) inserted (8.02.2005) by European Communities (Internal Market in Electricity) Regulations 2005 (S.I. No. 60 of 2005), reg. 32(3); substituted as per F-note above.

E111

Previous affecting provision: subs. (1) substituted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 15, commenced on enactment; substituted as per F-note above.