Challenging the Order
Appeals
Any challenge to this order must be made in the High Court by an interested person within six weeks of it being made. An interest person is someone who lives in, regularly works in or visits the Restricted Areas. This means that only those who are directly affected by the restrictions have the power to challenge. The right to challenge also exists where an order is varied by the Council. Interested persons can challenge the validity of this order on two grounds:
- that the Council did not have the power to make the order, or to include particular prohibitions or requirements;
- or that one of the requirements of the legislation has not been complied with.
When an application is made the High Court can decide to suspend the operation of the order pending the court's decision, in part or in totality. The High Court has the ability to uphold or quash the order or any of its prohibitions or requirements.
Any challenges must be made on or before 25 August 2023.