33A.— (1) Where a point of law arises on any matter with which a public body is concerned under this Part, the public body may refer the point to the High Court for decision.

(2) A person shall not question the validity of any decision made or other act done by a public body in the performance or purported performance of a function under this Part in relation to a MSP or DMAP otherwise than by way of an application for judicial review under Order 84.

(3) A public body may, at any time after the bringing of an application for leave to apply for judicial review of any decision or other act to which subsection (2) applies and which relates to a matter for the time being before the public body, apply to the High Court to stay the proceedings pending the making of a decision by the public body in relation to the matter concerned.

(4) On the making of such an application, the High Court may, where it considers that the matter before the public body is within the jurisdiction of the public body, make an order staying the proceedings concerned on such terms as it thinks fit.

(5) Subject to subsection (6), an application for leave to apply for judicial review under Order 84 in respect of a decision or other act to which subsection (2) applies shall be made within the period of eight weeks beginning on the date on which—

(a) the publication requirement of section 16(1), 17(2)(a) or (b), 17(3)(a) or (b), or 18(1) is complied with in respect of the public body’s decision,

(b) the publication requirement of section 26(1)(a) or (b), is complied with in respect of the public body’s decision,

(c) the publication requirement of section 29(1) is complied with, or

(d) the public body does the act concerned,

as appropriate.

(6) The High Court may extend the period provided for in subsection (5) 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.

(7) References in this section to Order 84 shall be construed as including references to the Order as amended or replaced (with or without modification) by rules of court.]