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Criminal Justice and Courts Act 2015
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4(1)Section 288 (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.U.K.
(2)After subsection (1) insert—
“(1A)If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—
(a)that the relevant costs order is not within the powers of this Act, or
(b)that any of the relevant requirements have not been complied with in relation to the order.”
(3)In subsection (2)—
(a)after “subsection (1)” (in the first place) insert “ or (1A) ”,
(b)after “applies,” (in the second place) insert “ or with any relevant costs order, ”, and
(c)after “subsection (1)” (in the second place) insert “ or (1A) (as the case may be) ”.
(4)Omit subsection (3).
(5)After subsection (4) insert—
“(4A)An application under this section may not be made without the leave of the High Court.
(4B)An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after—
(a)in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect;
(b)in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed;
(c)in the case of an application relating to an action to which this section applies, the date on which the action is taken;
(d)in the case of an application relating to a relevant costs order, the date on which the order is made.
(4C)When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of—
(a)the question of whether leave should be granted, or
(b)where leave is granted, the proceedings on any application under this section made with such leave.”
(6)In subsection (5)—
(a)in paragraph (a), for “the order or action” substitute “ any order or action ”, and
(b)in paragraph (b), for “the order or action in question” substitute “ any such order or action ”.
(7)For subsection (6) substitute—
“(6)The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).”
(8)In subsection (7), after “subsection” insert “ (4C) or ”.
(9)For subsection (9) substitute—
“(9)In this section—
“relevant costs order” has the same meaning as in section 284;
“the relevant requirements”—
(a)in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to that order or action;
(b)in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the relevant costs order.”
(10)After subsection (10) insert—
“(11)References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).”
Commencement Information
I1Sch. 16 para. 4 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))
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