JUDICIAL REVIEW ACT 1991 - SECT 26 Period within which application must be made

JUDICIAL REVIEW ACT 1991 - SECT 26

26 Period within which application must be made

(1) An application to the court for a statutory order of review in relation to a decision that has been made and the terms of which were recorded in writing and set out in a document that was given to the applicant (including a decision that a person purported to make after the end of the period within which it was required to be made) must be made within—

(a) the period required by subsection (2) ; or

(b) such further time as the court (whether before or after the end of that required period) allows.

(2) The period within which an application for a statutory order of review is required to be made is the period beginning on the day on which the decision is made and ending 28 days after the relevant day.

(3) If—

(a) there is not a period prescribed for the making of an application for a statutory order of review in relation to a particular decision; or

(b) there is not a period prescribed for the making of an application by a particular person for a statutory order of review in relation to a particular decision;

the court may take the following action if it is of the opinion that the application was not made within a reasonable time after the decision was made—

(c) if paragraph (a) applies—refuse to consider an application for a statutory order of review in relation to the decision;

(d) if paragraph (b) applies—refuse to consider an application by the person for a statutory order of review in relation to the decision.

(4) In forming an opinion for the purposes of subsection (3) , the Court—

(a) must have regard to—

(i) the time when the applicant became aware of the decision; and

(ii) if subsection (3) (b) applies—the period prescribed for the making by another person of an application for a statutory order of review in relation to the decision; and

(b) may have regard to such other matters as it considers relevant.

(5) In subsection (2) —


"relevant day" means—

(a) if the decision includes, or is accompanied by a statement giving, the reasons for the decision—the day on which a document setting out the terms of the decision is given to the applicant; or

(b) if paragraph (a) does not apply and a written statement giving the reasons for the decision is given to the applicant (otherwise than because of a request under section 32 ) not later than 28 days after the day on which a document setting out the terms of the decision is given to the applicant—the day on which the statement is given; or

(c) if paragraph (a) does not apply and the applicant requests the person who made the decision to give a statement under section 32 —the day on which—

(i) the statement is given; or

(ii) the applicant is notified under section 33 (2) that the applicant was not entitled to make the request; or

(iii) the applicant is notified under section 33 (5) or 37 that the statement will not be given; or

(iv) the court makes an order under section 39 declaring that the applicant was not entitled to make the request; or

(d) in any other case—the day on which a document setting out the terms of the decision is given to the applicant.