Section 69

Except as provided by the following provisions of this section, the validity of a decision of the Secretary of State on— shall not be questioned in any legal proceedings whatsoever. any appeal to the Secretary of State under this Chapter; or any reference to the Secretary of State in pursuance of a direction under section 41 above or in pursuance of section 53(4) above, If, in the case of any such appeal or reference, the appropriate agency or the other party desires to question the validity of the decision of the Secretary of State on the grounds— the appropriate agency or, as the case may be, the other party may, at any time within the period of six weeks beginning with the date on which the decision is made, make an application to the High Court under this section. that the decision is not within the powers of this Act; or that any of the requirements of, or of any regulations made under, this Chapter which are applicable to the appeal or reference have not been complied with, On any application under this section, the High Court may by interim order suspend the operation of the decision to which the application relates until the final determination of the proceedings. If the High Court is satisfied, on an application under this section— the High Court may quash the decision. that the decision to which the application relates is not within the powers of this Act; or that the interests of the person making the application under this section have been substantially prejudiced by a failure to comply with any of the requirements mentioned in subsection (2)(b) above, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this section— “decision” includes a direction; and “other party” — in relation to an appeal, means the appellant; in relation to a reference in pursuance of a direction under section 41 above, means the applicant for the licence or, where that section applies by virtue of section 51(3) above, for the revocation or variation; and in relation to a reference in pursuance of section 53(4) above, means (subject, without prejudice to their application to the other provisions of this Chapter, to subsections (6) and (7) of section 25 above) the holder of the licence.

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Source: legislation.gov.uk · retrieved 2026-07-30