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) ; 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)  –

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) applies, refuse to consider an application for an order of review relating to the decision;

(d) if paragraph (b) 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) , the Court –

(a) must have regard to –

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

(ii) if subsection (2)(b) 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) ,