(1) At any time before or after the coming into operation of any bylaw any person may by motion apply to the High Court for an order quashing the bylaw, or any part thereof, on the ground that the bylaw or such part thereof is for any reason invalid, and if the Court is of opinion that the same is invalid an order may be made quashing the same accordingly.
(2) Notice of any such application to the High Court, and of the grounds thereof, shall be given by the applicant to the local authority by which the bylaw was made, and that local authority shall be heard in support of the bylaw.
(3) Every person making any such application to the High Court shall, at the time of filing the notice of motion, pay into Court the sum of 5 pounds as security for the costs of the application.
(4) The costs of any such application shall, as between the applicant and the local authority, whether the local authority appears in support of the bylaw or not, be in the discretion of the Court, and the Court may make an order accordingly.
(5) On any such application the High Court may by order, if it thinks fit, instead of quashing the bylaw or any part thereof, amend the same in such manner as the Court thinks necessary in order to render valid the provisions thereof.
(6) Any amendment so made shall take effect from the making thereof, as if it had been duly made by the local authority by which the bylaw was made, and as if all conditions of the validity and operation of such an amendment, if made by the local authority, had been duly fulfilled.
(7) Any amendment so made may be repealed or amended by the local authority by which the bylaw was made in the same manner as if the amendment had been made by that local authority.
(8) If any bylaw is quashed in part or amended under the provisions of this section, the local authority by which the bylaw was made shall give public notice thereof, and shall in any subsequent publication of the bylaw, or in any copy thereof subsequently issued under the seal of the local authority, set forth the bylaw in the form in which it stands after being so quashed in part or amended.
(9) Every Court, District Court Judge, Justice of the Peace, or Community Magistrate must take judicial notice of every order so made by the High Court quashing or amending a bylaw or any part thereof.
(10) The quashing or amending of a bylaw under this section shall not affect any conviction, order, or judgment theretofore made or given, or any judicial proceedings then pending, in any Court.
Section 12(9): replaced, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).