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Judicial Review and Courts Act 2022

Consolidated Text As Enacted Cited authorities 247 Cited in Amendments 43 Related
Vincent
JurisdictionUK Non-devolved
Citation2022 c. 35
(1) After section 29 of the Senior Courts Act 1981 insert—
    (29A) Further provision in connection with quashing orders
  • “(1) A quashing order may include provision—
  • (a) for the quashing not to take effect until a date specified in the order, or
  • (b) removing or limiting any retrospective effect of the quashing.
for the quashing not to take effect until a date specified in the order, orremoving or limiting any retrospective effect of the quashing.Provision included in a quashing order under subsection (1) may be made subject to conditions.If a quashing order includes provision under subsection (1) (a) , the impugned act is (subject to any conditions under subsection (2) ) upheld until the quashing takes effect.If a quashing order includes provision under subsection (1) (b) , the impugned act is (subject to any conditions under subsection (2) ) upheld in any respect in which the provision under subsection (1) (b) prevents it from being quashed.Where (and to the extent that) an impugned act is upheld by virtue of subsection (3) or (4) , it is to be treated for all purposes as if its validity and force were, and always had been, unimpaired by the relevant defect.Provision under subsection (1) (a) does not limit any

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