23Period within which application must be made

### 23 Period within which application must be made > > (1)  An application to the Court for an order of review relating to a decision that has been made and the terms of which were 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) 28 days after the relevant day; or > > > > > > > (b) such further time as the Court (whether before or after the end of that required period) allows. > > > (2)  If – > > > > > > (a) in relation to a particular decision, no person was given a document setting out the terms of the decision as provided in [subsection (1)](#GS23@Gs1@EN) ; or > > > > > > > (b) in relation to a particular decision, a particular person was not given a document setting out the terms of the decision as provided in [subsection (1)](#GS23@Gs1@EN)  – > > > > > > the Court may take either of the following actions 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)](#GS23@Gs2@Hpa@EN) applies, refuse to consider an application for an order of review relating to the decision; > > > > > > > (d) if [paragraph (b)](#GS23@Gs2@Hpb@EN) applies, refuse to consider an application by the person for an order of review relating to the decision. > > > (3)  In forming an opinion for the purposes of [subsection (2)](#GS23@Gs2@EN) , the Court – > > > > > > (a) must have regard to – > > > > > > > > > > (i) the time when the applicant became aware of the decision; and > > > > > > > > > > > (ii) if [subsection (2)(b)](#GS23@Gs2@Hpb@EN) applies, the period provided by this section for the making by another person of an application for an order of review relating to the decision; and > > > > > > > (b) may have regard to such other matters as it considers relevant. > > > (4)  In [subsection (1)(a)](#GS23@Gs1@Hpa@EN) , > > > > > ***relevant day*** means – > > > > > > > > (a) if the document setting out the terms of the decision includes, or is accompanied by, a statement giving the reasons for the decision, the day on which the document is given to the applicant; or > > > > > > > > > (b) if [paragraph (a)](#GS23@Gs4@Nd358714028125@Hpa@EN) 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 29](#GS29@EN) ) 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)](#GS23@Gs4@Nd358714028125@Hpa@EN) does not apply and the applicant requests the person who made the decision to give a statement under [section 29](#GS29@EN) , the day on which – > > > > > > > > > > > > (i) the statement is given; or > > > > > > > > > > > > > (ii) the applicant is notified under [section 30(2)](#GS30@Gs2@EN) that the applicant was not entitled to make the request; or > > > > > > > > > > > > > (iii) the applicant is notified under [section 30(5)](#GS30@Gs5@EN) or [section 34](#GS34@EN) that the statement will not be given; or > > > > > > > > > > > > > (iv) the Court makes an order under [section 36](#GS36@EN) 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.