Transport (Railway Infrastructure) Act, 2001

Judicial review of railway order.

47.—(1) A person shall not question the validity of a railway order otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (“the Order”).

(2) An application for leave to apply for judicial review under the Order in respect of a railway order or part thereof referred to in subsection (1) shall—

(a) be made within the period of 8 weeks commencing on the date on which the railway order was made unless the court considers that there is good and sufficient reason for extending the period within which the application shall be made, and

(b) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to the Minister and the railway undertaking, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the railway order is invalid or ought to be quashed, and that the applicant has a substantial interest (not limited to an interest in land or other financial interest) in the matter which is the subject of the application.

(3) The High Court may, before hearing an application referred to in subsection (2), direct that notice of the application be also served on such persons (including any person who made a submission to the Minister in accordance with section 40 (3) or 41 (4) as the Court may specify.

(4) Notwithstanding an application for leave to apply for judicial review under the Order against a railway order, the application shall not affect the validity of the railway order and its operation unless, upon an application to the High Court, that Court suspends the railway order until the application is determined or withdrawn.

(5) (a)  The determination of the High Court of an application for leave to apply for judicial review, or of an application for judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case, except with the leave of the High Court or Supreme Court, which leave shall only be granted where the Court certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(b)  This subsection shall not apply to a determination of the High Court, in so far as it involves a question as to the validity of any law, having regard to the provisions of the Constitution.

(6) Where an application is made for judicial review in respect of part only of a railway order, the High Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring to be invalid or quashing the remainder of the railway order or part of the railway order, and if the Court does so, it may make any consequential amendments to the remainder of the railway order or part of the railway order that it considers appropriate.

(7) References in this section to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.