House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

7

House of Commons

Thursday 13 March 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Criminal Justice and Courts Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [11 March 2014].

Mr Shailesh Vara

1


Clause  1,  page  1,  leave out lines 12 to 15 and insert ‘, to imprisonment for life’.

Member’s explanatory statement

This amendment provides for the increase in the maximum penalty available for an offence under

section 4 of the Explosive Substances Act 1883 from 14 years imprisonment to imprisonment for

life to apply in Scotland as well as in England and Wales and Northern Ireland.

Mr Shailesh Vara

2


Schedule  1,  page  66,  line  20,  at end insert—

‘Road Traffic Offenders Act 1988 (c. 53)

10A(1)
Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of

disqualification where custodial sentence also imposed) is amended as

follows.

      (2)
In paragraph (e), for “that Act” (in the first place) substitute “the Criminal

Justice Act 2003”.

      (3)
After paragraph (f) insert—

“(fa)
in the case of a sentence under section 236A of that Act

(special custodial sentence for certain offenders of particular

concern), a period equal to half of the term imposed pursuant

Public Bill Committee: 13 March 2014
8

Criminal Justice and Courts Bill, continued

to section 236A(2)(a) of that Act calculated after that term has

been reduced by any relevant discount;”.’.

Member’s explanatory statement

This amendment is consequential on the new custodial sentence created by clause 5 of, and

paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is

extended when a custodial sentence is imposed at the same time will apply to the new sentence as

it does to other custodial sentences.

Mr Shailesh Vara

3


Schedule  1,  page  66,  line  27,  at end insert—

‘Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

11A(1)
Section 147A(4) of the Powers of Criminal Courts (Sentencing) Act 2000

(extension of disqualification where custodial sentence also imposed) is

amended as follows.

      (2)
In paragraph (e), for “that Act” (in the first place) substitute “the Criminal

Justice Act 2003”.

      (3)
After paragraph (f) insert—

“(fa)
in the case of a sentence under section 236A of that Act

(special custodial sentence for certain offenders of particular

concern), a period equal to half of the term imposed pursuant

to section 236A(2)(a) of that Act calculated after that term has

been reduced by any relevant discount;”.’.

Member’s explanatory statement

This amendment is consequential on the new custodial sentence created by clause 5 of, and

paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is

extended when a custodial sentence is imposed at the same time will apply to the new sentence as

it does to other custodial sentences.

Mr Shailesh Vara

4


Clause  15,  page  16,  line  16,  at end insert—

‘( )
In section 37B of the Police and Criminal Evidence Act 1984 (consultation with

the Director of Public Prosecutions), in subsection (7), after “such a caution”

insert “(whether because of section 14 of the Criminal Justice and Courts Act

2014 or for any other reason)”.’.

Member’s explanatory statement

This amendment clarifies that the restriction on giving cautions in clause 14 is one of the reasons

why it may not be possible to give a caution following a decision to do so by the Director of Public

Prosecutions under section 37B of the Police and Criminal Evidence Act 1984.

Public Bill Committee: 13 March 2014
9

Criminal Justice and Courts Bill, continued

Robert Neill

5


Clause  57,  page  58,  line  3,  at end insert ‘or the Court of Appeal’

Member’s explanatory statement

This allows the Court of Appeal to grant permission to apply under section 288.

New Clauses

Leave of the court required for Listed Building Act proceedings

Robert Neill

NC1


To move the following Clause:—

‘(1)
Section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990

(proceedings for questioning the validity of other orders, decisions and

directions) is amended as follows.

(2)
In subsection (3) after “section”, insert “relating to anything other than an English

matter”.

(3)
After subsection (3) insert—

“(3A)
An application under this section relating to an English matter may not

be made without the leave of the High Court or the Court of Appeal.

(3B)
An application for leave for the purposes of subsection (3A) must be

made within six weeks from (as the case may be)—

(a)
the date on which the order is confirmed; or (in the case of an

order under section 23 which takes effect under section 25

without confirmation) takes effect, or

(b)
the date on which the action is taken.”.

(4)
After subsection (5) insert—

“(5A)
When considering whether to grant leave for the purposes of subsection

(3A), the High Court may, subject to subsection (6), by interim order

suspend the operation of the order or action the validity of which the

person or authority concerned wishes to question, until the final

determination of—

(a)
the question of whether leave should be granted, or

(b)
where leave is granted, the proceedings on any application under

this section made with such leave.”.

(5)
After subsection (6) insert—

“(6A)
In this section “English matter” means—

(a)
an order to which this section applies which is made by—

(i)
a local planning authority in England, or

(ii)
the Secretary of State, or

(b)
action to which this section applies which is on the part of the

Secretary of State.”.

Public Bill Committee: 13 March 2014
10

Criminal Justice and Courts Bill, continued

(6)
After subsection (7) insert—

“(8)
References in this Act to an application under this section do not include

an application for leave for the purposes of subsection (3A).”.’.

Member’s explanatory statement

This New Clause allows leave requirement for section 288 applications to be extended to other

similar applications under the Listed Buildings Act.

Leave of the court required for section 287 applications

Robert Neill

NC2


To move the following Clause:—

‘(1)
Section 287 of the Town and Country Planning Act 1990 (proceedings for

questioning the validity of certain schemes and orders) is amended as follows.

(2)
In subsection (4) after “section”, insert “relating to anything other than an English

matter”.

(3)
After subsection (4) insert—

“(4A)
An application under this section relating to an English matter may not

be made without the leave of the High Court or the Court of Appeal.

(4B)
An application for leave for the purposes of subsection (4A) must be

made within six weeks from the relevant date.”.

(4)
In subsection (5) leave out “subsection (4)” and insert “subsections (4) and

(4A).”.

(5)
After subsection (5) insert—

“(6)
In this section “English matter” means a scheme or alteration of such a

scheme or an order to which this section applies which is made by—

(a)
a local planning authority in England, or

(b)
the Secretary of State, or

(7)
References in this Act to an application under this section do not include

an application for leave for the purposes of subsection (4A).”.

Member’s explanatory statement

This New Clause allows leave requirement for section 288 applications to be extended to other

similar applications under section 61N of the Town and Country Planning Act 1990.

Leave of the court required for hazardous substances applications

Robert Neill

NC3


To move the following Clause:—

‘(1)
Section 22 of the Planning (Hazardous Substances) Act 1990 (Validity of

decisions as to applications) is amended as follows.

Public Bill Committee: 13 March 2014
11

Criminal Justice and Courts Bill, continued

(2)
In subsection (3) after “section”, insert “relating to anything other than an English

matter”.

(3)
After subsection (3) insert—

“(3A)
An application under this section relating to an English matter may not

be made without the leave of the High Court or the Court of Appeal.

(3B)
An application for leave for the purposes of subsection (3A) must be

made within six weeks from from the relevant date.”.

(4)
After subsection (6) insert—

“(7)
In this section “English matter” means a scheme or alteration of such a

scheme or an order to which this section applies which is made by—

(a)
a local planning authority in England, or

(b)
the Secretary of State, or

(8)
References in this Act to an application under this section do not include

an application for leave for the purposes of subsection (4A).”.’.

Member’s explanatory statement

This New Clause allows leave requirement for section 288 applications to be extended to other

similar applications under the Hazardous Substances Act 1990.

Leave of the court required for section 113 applications against development plans

Robert Neill

NC4


To move the following Clause:—

‘(1)
Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of

strategies, plans and documents) is amended as follows.

(2)
In subsection (3) after “document”, insert “relating to anything other than an

English matter”.

(3)
After subsection (3) insert—

“(3A)
An application under this section relating to an English matter may not

be made without the leave of the High Court or the Court of Appeal.

(3B)
An application for leave for the purposes of subsection (3A) must be

made within six weeks from the relevant date.”.

(4)
In subsection (4) after “application”, insert “under subsection (3) or (3A)”.

(5)
After subsection (11) insert—

“(12)
In this section “English matter” means a scheme or alteration of such a

scheme or an order to which this section applies which is made by—

(a)
a local planning authority in England, or

(b)
the Secretary of State, or

Public Bill Committee: 13 March 2014
12

Criminal Justice and Courts Bill, continued

(13)
References in this Act to an application under this section do not include

an application for leave for the purposes of subsection (4A).”.’.

Member’s explanatory statement

This New Clause allows leave requirement for section 288 applications to be extended to other

similar applications under the Planning and Compulsory Purchase Act 2004.

Broadening of remedies in applications to the High Court in planning cases

Robert Neill

NC5


To move the following Clause:—

‘(1)
In section 288(5) of the Town and Country Planning Act 1990, at end add “wholly

or in part”.

(2)
In section 63(4) of the Planning (Listed Buildings and Conservation Areas) Act

1990, at end add “, wholly or in part”.

(3)
In section 287 of the Town and Country Planning Act 1990, at end add “wholly

or in part”.’.

Member’s explanatory statement

These changes allow a decision to be quashed in part, for example to remove an unlawful part of

a condition rather than to quash the whole planning permission because of that mistake.

Broadening of applications to the High Court to include costs decisions

Robert Neill

NC6


To move the following Clause:—

‘(1)
In section 284(3) of the Town and Country Planning Act 1990, at end add—

“(j)
any decision whether any person should pay the costs of the

Secretary of State or any other person in respect of the orders

under subsection (2) above or any action listed in this

subsection.”.

(2)
In section 62(2) of the Planning (Listed Buildings and Conservation Areas) Act

1990, at end add—

“(e)
any decision whether any person should pay the costs of the

Secretary of State or any other person in respect of the orders or

decisions under subsection (1) above or decisions listed in this

subsection.”.’.

Member’s explanatory statement

At present, challenges to the award of costs in planning appeals and call-ins have to be brought

by judicial review: Botton v Secretary of State for the Environment [1992] 1 PLR 1 even if there

is a section 288 application being brought at the same time.

Public Bill Committee: 13 March 2014
13

Criminal Justice and Courts Bill, continued

Equalisation of six week periods for bringing proceedings

Robert Neill

NC7


To move the following Clause:—

‘(1)
In section 61N(2) of the Town and Country Planning Act 1990, leave out

“beginning with” and insert “from”.

(2)
In section 113(4) of the Planning and Compulsory Purchase Act 2004, leave out

“beginning with” and insert “from”.

(3)
Section 13 of the Planning Act 2008 (Legal challenges relating to national policy

statements) is amended as follows.

(4)
In section 13(1), leave out “beginning with” and insert “from”.

(5)
In section 13(2), leave out “beginning with” and insert “from”.

(6)
In section 13(3), leave out “beginning with” and insert “from”.

(7)
In section 13(4), leave out “beginning with” and insert “from”.

(8)
In section 13(5), leave out “beginning with” and insert “from”.

(9)
In section 13(6), leave out “beginning with” and insert “from”.

(10)
In section 118(1), leave out “beginning with” and insert “from”.

(11)
In section 118(2), leave out “beginning with” and insert “from”.

(12)
In section 118(3), leave out “beginning with” and insert “from”.

(13)
In section 118(4), leave out “beginning with” and insert “from”.

(14)
In section 118(5), leave out “beginning with” and insert “from”.

(15)
In section 118(6), leave out “beginning with” and insert “from”.

(16)
In section 118(7), leave out “beginning with” and insert “from”.

(17)
Section 106C of the Town and Country Planning Act 1990 is amended as follows.

(18)
In section 106C(1), leave out “beginning with” and insert “from”.

(19)
In section 106C(2), leave out “beginning with” and insert “from”.’.

Member’s explanatory statement

At present some time periods for bringing proceedings run from the date of the decision (so start

the day afterwards) whilst others include the date of the decision. Given the short time limits for

these proceedings, cases are often brought at the last minute. This Clause would standardise

planning time limits to run Tuesday to Tuesday.

Allowing the grant of permission or consent to be challenged in an enforcement notice

challenge and simplification

Robert Neill

NC8


To move the following Clause:—

‘(1)
In section 289 of the Town and Country Planning Act 1990, leave out subsections

(1) and (2) and insert—

“(1)
If a person is aggrieved by any decision of the Secretary of State in

proceedings on an appeal under Part VII against an enforcement notice,

including any grant of planning permission or of a lawful development

certificate under section 177, and wishes to question the validity of that



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