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Transport (Railway Infrastructure) Act 2001
F83[Judicial review of railway order and related acts.
47.—(1) A person shall not question the validity of a railway order made or any act done by the Board in the performance or the purported performance of its functions under sections 37 to 46 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) (the "Order").
(2) The Board may, at any time after the bringing of an application for leave to apply for judicial review of any act to which subsection (1) applies and which relates to a matter for the time being before the Board, apply to the High Court to stay the proceedings pending the making of a decision by the Board in relation to the matter concerned.
(3) On the making of such an application the High Court may, where it considers that the matter before the Board is within the jurisdiction of the Board, make an order staying the proceedings concerned on such terms as it thinks fit.
(4) Subject to subsection (5), an application for leave to apply for judicial review under the Order in respect of an order or act to which subsection (1) applies shall be made within the period of 8 weeks beginning on the date on which the order was made or, as the case may be, the date of the doing of the act by the Board.
(5) The High Court may extend the period provided for in subsection (4) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that—
(a) there is good and sufficient reason for doing so, and
(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.
(6) References in this section to the Order shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.]
Annotations
Amendments:
F83
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 49(b), S.I. No. 684 of 2006.
F84
Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 19, not commenced as of date of revision.
Modifications (not altering text):
C16
Prospective affecting provision: subs. (1) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 19, not commenced as of date of revision.
47.—(1) A person shall not question the validity of a railway order made or any act done by the Board in the performance or the purported performance of its functions under F84[sections 37 to 47E] 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) (the "Order".