Electricity Regulation Act, 1999
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Review of determination of Commission. |
32.—(1) Without prejudice to any right under this Act to appeal to an Appeal Panel, a person shall not question in any legal proceedings— | |
(a) the validity of a decision of the Commission on an application made to it for the grant of a licence or an authorisation or for the modification of a licence or an authorisation, | ||
(b) a modification by the Commission of a licence or an authorisation, or | ||
(c) a decision of an Appeal Panel under section 30 , | ||
otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Court ( S.I. No. 15 of 1986 ). | ||
(2) An application for leave to apply for judicial review in respect of any matter referred to in subsection (1) shall— | ||
(a) be made within the period of two months commencing on the date on which the decision is given, and | ||
(b) be made by motion on notice to— | ||
(i) the Commission, | ||
(ii) where the applicant for leave is not the applicant for or holder of the licence or authorisation concerned, the applicant or holder of that licence or authorisation, and | ||
(iii) any other person specified for that purpose by order of the High Court, | ||
and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. | ||
(3) (a) The determination of the High Court of such an application for leave to apply for judicial review or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case save with the leave of the High Court which leave shall only be granted where the High Court certifies that its 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. |