SCHEDULE 9 Special Provisions as to certain Orders
35 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.
(a) “the relevant powers”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means the powers with respect to such an order conferred by this Act, and, in relation to a designation order, means the powers of sections 45, 46, 49, . . . and 53 of this Act, and
Defined in Sch.9 para.34(2) · see it in the full Act(b) “the relevant requirements”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means any requirement of, or of any instrument made under, any provision of this Act with respect to such an order, and, in relation to a designation order, means any requirement of sections 45, 46, 49, . . . and 53 of this Act or of Parts I to III of this Schedule or of any regulations made under Part III of this Schedule.
Defined in Sch.9 para.34(2) · see it in the full ActParagraph 35 would require a challenge to the validity of an experimental traffic regulation order to proceed in the High Court. The court held that this conflicts with Part 9 of the Equality Act where the challenge alleges a section 29 contravention (see paras [24]-[28]).
The court applied paragraph 35 as providing the exclusive route to challenge the validity of the TRO on vires or procedural grounds. (see paras [5]-[11]; [51]) The court treated paragraph 35(a) as permitting a challenge that the TRO was not within the relevant powers. The improper-purpose ground was rejected. (see paras [51]; [105]-[106]) The court treated paragraph 35(b) as permitting a challenge for failure to comply with relevant requirements, including regulation 13(a). (see paras [51]; [105])
Applied to identify the six-week period within which an application questioning the validity of the orders had to be made. The final date was treated as 7 May 2024. (see para [5])
7 more judgments, and what each says about Schedule 9, paragraph 35, are in the case-law panel in the full Act.