Q&As

How long does a claimant have to serve a part 8 claim after issue, specifically in relation to a claim under Road Traffic Regulation Act 1984?

read titleRead full title
Last updated on 10/05/2016

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • How long does a claimant have to serve a part 8 claim after issue, specifically in relation to a claim under Road Traffic Regulation Act 1984?
  • Challenges under paragraph 9, Schedule 9 of the Road Traffic Regulation Act 1984
  • Procedure and service

How long does a claimant have to serve a part 8 claim after issue, specifically in relation to a claim under Road Traffic Regulation Act 1984?

Challenges under paragraph 9, Schedule 9 of the Road Traffic Regulation Act 1984

Paragraph 35, Schedule 9 of the Road Traffic Regulation Act 1984 (RTRA 1984) sets out:

'If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds—

(a) that it is not within the relevant powers, or

(b) that any of the relevant requirements has not been complied with in relation to the order,

he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.'

For examples of cases in which this type of application has been made to challenge an order, see Williams (A representative Claimant for 20 others comprising “The Sustainable Totnes Action Group”) v Devon County Council which sets out the background to the type of action and Williams v London Borough Of Waltham Forest.

Such statutory challenges may be made only on the ground either that the decision was not within the powers of the relevant Act or that any requirement of the Act, or of regulations made under it, has not been

Related documents:
Key definition:
Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

Popular documents