C1C2C3C4C5C8C6C7 Part I Building Regulations
Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7P
Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3
Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1
Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))
Appeals in certain cases
I142 Appeal and statement of case to High Court in certain cases.
F10A1
Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—
a
the applicant;
b
the local authority;
c
the registered building control approver.
1
Where the F5Welsh Ministers give a decision in proceedings—
a
on an appeal under section 20 or 39 above,
F9b
on an appeal under section 50, or
c
on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the F7building control authority,
2
In subsection (1) above, “the relevant person” means—
a
as regards an appeal under the said section 20 or 39, the appellant,
F4b
as regards an appeal under section 50, the person on whose application the appeal was made,
c
as regards such an application as is mentioned in subsection (1)(c) above, the applicant.
3
At any stage of the proceedings on such an appeal F8... or application as is mentioned in subsection F11(A1) or (1) above—
a
the F3appropriate national authority may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and
b
a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the F6Senior Courts Act 1981 (appeals from the High Court to the Court of Appeal).
4
In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—
a
prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the F1appropriate national authority, and
b
providing for the F1appropriate national authority, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
5
No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
6
In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.
F27
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Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2