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| |
| | |
| | |
| |
| | | force, the maximum term of imprisonment on summary conviction should change from 6 months to |
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| | | 12 months (not 51 weeks, which is appropriate for summary-only offences). |
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| | |
| | | |
| | Schedule 4, page 81, line 29, leave out ‘In section 15(3)(d) (funding of Local |
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| | Safeguarding Children Boards)’ and insert ‘In section 15(3) (funding of Local |
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| | Safeguarding Children Boards)— |
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| | | (a) | in paragraph (c), after “principal of a” insert “directly managed”, and |
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| | | |
| | | Member’s explanatory statement
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| | | This amendment provides that, where the principal of a secure college is a Board partner of the |
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| | | authority that established a Local Safeguarding Children Board, the Secretary of State is only a |
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| | | person who may make payments towards expenditure incurred by the Board if the college is |
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| | | directly managed, rather than contracted-out. |
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| | |
| | | |
| | Schedule 4, page 81, line 30, at end insert— |
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| | | ‘32A | In section 33(3) (funding of Local Safeguarding Children Boards in Wales)— |
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| | | (a) | in paragraph (c), after “principal of a” insert “directly managed”, and |
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| | | (b) | in paragraph (d), after “or prison” insert “or the principal of a |
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| | | contracted-out secure college”.’. |
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| | |
| | | |
| | Schedule 4, page 81, line 33, after ‘references’ insert ‘to a directly managed secure |
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| | |
| | |
| | | |
| | Schedule 4, page 81, line 34, leave out ‘such a’ and insert ‘a contracted-out,’. |
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| | |
| | | |
| | Schedule 4, page 81, line 35, leave out ‘1’ and insert ‘27’. |
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| | |
| | |
| | | |
| | 
| Clause 24, page 23, line 12, leave out ‘single’ and insert ‘two’. |
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| | |
| | | |
| | | Clause 24, page 23, line 23, leave out subsection (4) and insert— |
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| | | ‘( ) | In subsection (3), for “The” substitute “Where a relevant prosecutor issues a |
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| | | written charge and a requisition, the”.’. |
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| | | Member’s explanatory statement
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| | | This amendment and amendment 49 provide that prosecutors must serve a copy of a single justice |
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| | | procedure notice on a designated officer for a magistrates’ court (the person responsible for |
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| |
| | |
| | |
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| | | administering the process) and not a specific court. This is to facilitate cases started in this way |
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| | | being dealt with in any magistrates’ court. |
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| | |
| | | |
| | | Clause 24, page 23, line 28, at end insert— |
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| | | ‘“(3ZA) | Where a relevant prosecutor issues a written charge and a single justice procedure |
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| | | notice, the written charge and notice must be served on the person concerned, and |
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| | | a copy of both must be served on the designated officer specified in the notice.’. |
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| | |
| | | |
| | | Clause 24, page 23, line 29, leave out first ‘the’ and insert ‘a’. |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendments 48 and 49. |
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| | |
| | | |
| | | Clause 24, page 24, line 5, after ‘issue’ insert ‘written charges,’. |
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| | | Member’s explanatory statement
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| | | This amendment and amendment 52 make clear that an order authorising a prosecutor to issue |
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| | | requisitions and single justice procedure notices, or just single justice procedure notices, will also |
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| | | authorise the issue of written charges. |
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| | |
| | | |
| | | Clause 24, page 24, line 7, after ‘only’ insert ‘written charges and’. |
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| | |
| | | |
| | | Clause 24, page 24, line 15, at end insert— |
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| | | ‘(11) | No offences shall be triable under this procedure unless specified in regulations |
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| | | made by the Secretary of State and of which a draft has been laid before, and |
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| | | approved by each House of Parliament.’. |
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| | |
| | |
| | | |
| | | Clause 26, page 25, line 27, leave out ‘for the magistrates’ court’. |
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| | | Member’s explanatory statement
|
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| | | This amendment and amendments 54, 54A, 55, 56 and 60 make clear that a single justice |
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| | | procedure notice will identify a designated officer for a magistrates’ court (the person responsible |
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| | | for administering the process), rather than a specific magistrates’ court, and that any magistrates’ |
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| | | court may deal with a case started in this way. |
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| | |
| | | |
| | | Clause 26, page 25, leave out lines 27 to 32. |
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| |
| | |
| | |
| |
| | |
| | | |
| | | Clause 26, page 25, line 38, at end insert— |
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| | | ‘(c) | a submission from the DVLA to inform the court of any penalty points |
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| | | endorsed on the defendant’s driver record.’. |
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| | |
| | | |
| | | Clause 26, page 26, line 2, leave out ‘for the magistrates’ court’. |
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| | |
| | | |
| | | Clause 26, page 26, leave out lines 5 and 6. |
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| | |
| | | |
| | | Clause 26, page 26, line 7, leave out from ‘parties’ to end. |
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| | |
| | | |
| | | Clause 26, page 26, leave out lines 15 to 17 and insert— |
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| | | ‘( ) | Any magistrates’ court may try a written charge in accordance with subsections |
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| | | (3) to (8), whether or not its designated officer is specified in the single justice |
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| | | |
| | |
| | | |
| | | Clause 26, page 26, line 18, at end insert— |
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| | | ‘(12) | Prior to a paper procedure the court must publish the cases to which it will apply |
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| | | and when it will take place, and |
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| | | (13) | Following a paper procedure the court must publish the outcome.’. |
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| | |
| | | |
| | | Clause 26, page 26, line 27, leave out ‘for the magistrates’ court’. |
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| | |
| | | |
| | | Clause 26, page 26, line 33, leave out from ‘court’ to ‘must’ in line 34 and insert |
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| | ‘dealing with the matter’. |
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| | |
| | | |
| | | Clause 26, page 27, line 24, leave out from ‘be)’ to end of line 28. |
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| | | Member’s explanatory statement
|
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| | | This amendment removes a provision treating a magistrates’ court issuing a summons under new |
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| | | sections 16B and 16C and the court specified in the summons as being in the same local justice |
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| | | |
| | |
| | | |
| | | Clause 26, page 27, line 31, leave out from ‘before’ to ‘and’ in line 33 and insert ‘a |
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| | magistrates’ court for the purpose specified in the earlier summons;’. |
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| |
| | |
| | |
| |
| | | Member’s explanatory statement
|
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| | | New section 16D(2) of the Magistrates’ Courts Act 1980, inserted by clause 26, provides that, |
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| | | following the issue of a summons under new section 16B or 16C, a justice of the peace may issue |
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| | | a further summons. This amendment provides that the further summons may require the person |
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| | | concerned to appear before any magistrates’ court. |
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| | |
| | | |
| | | Clause 26, page 28, line 5, at end insert— |
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| | | ‘( ) | This section does not apply if the trial of the written charge has been adjourned |
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| | | under section 16B(3)(a) or 16C(3)(a).’. |
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| | | Member’s explanatory statement
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| | | This amendment provides that, if proceedings are moved from the procedure under section 16A of |
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| | | the Magistrates’ Courts Act 1980 to the usual procedure in a traditional magistrates’ court, the |
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| | | new statutory declaration procedure in section 16E of that Act will no longer be available. Instead, |
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| | | the statutory declaration procedure in section 14 of that Act will be available. |
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| | |
| | | |
| | | Clause 26, page 28, line 11, at end insert ‘or that the accused did not understand the |
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| | documents specified in 16(a)(2).’. |
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| | |
| | | |
| | | Clause 26, page 28, line 14, leave out ‘for the magistrates’ court’. |
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| | |
| | |
| | | |
| | | Clause 27, page 29, leave out line 39. |
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| | |
| | |
| | | |
| | Clause 57, page 58, line 3, at end insert ‘or the Court of Appeal’ |
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| | | Member’s explanatory statement
|
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| | | This allows the Court of Appeal to grant permission to apply under section 288. |
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| | |
| | |
| | | Leave of the court required for Listed Building Act proceedings |
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| | |
| | | |
| | To move the following Clause:— |
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| |
| | |
| | |
| |
| | | ‘(1) | Section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990 |
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| | | (proceedings for questioning the validity of other orders, decisions and |
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| | | directions) is amended as follows. |
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| | | (2) | In subsection (3) after “section”, insert “relating to anything other than an English |
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| | | |
| | | (3) | After subsection (3) insert— |
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| | | “(3A) | An application under this section relating to an English matter may not |
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| | | be made without the leave of the High Court or the Court of Appeal. |
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| | | (3B) | An application for leave for the purposes of subsection (3A) must be |
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| | | made within six weeks from (as the case may be)— |
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| | | (a) | the date on which the order is confirmed; or (in the case of an |
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| | | order under section 23 which takes effect under section 25 |
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| | | without confirmation) takes effect, or |
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| | | (b) | the date on which the action is taken.”. |
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| | | (4) | After subsection (5) insert— |
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| | | “(5A) | When considering whether to grant leave for the purposes of subsection |
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| | | (3A), the High Court may, subject to subsection (6), by interim order |
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| | | suspend the operation of the order or action the validity of which the |
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| | | person or authority concerned wishes to question, until the final |
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| | | |
| | | (a) | the question of whether leave should be granted, or |
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| | | (b) | where leave is granted, the proceedings on any application under |
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| | | this section made with such leave.”. |
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| | | (5) | After subsection (6) insert— |
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| | | “(6A) | In this section “English matter” means— |
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| | | (a) | an order to which this section applies which is made by— |
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| | | (i) | a local planning authority in England, or |
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| | | (ii) | the Secretary of State, or |
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| | | (b) | action to which this section applies which is on the part of the |
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| | | |
| | | (6) | After subsection (7) insert— |
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| | | “(8) | References in this Act to an application under this section do not include |
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| | | an application for leave for the purposes of subsection (3A).”.’. |
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| | | Member’s explanatory statement
|
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| | | This New Clause allows leave requirement for section 288 applications to be extended to other |
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| | | similar applications under the Listed Buildings Act. |
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| | |
| | | Leave of the court required for section 287 applications |
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| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Section 287 of the Town and Country Planning Act 1990 (proceedings for |
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| | | questioning the validity of certain schemes and orders) is amended as follows. |
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| |
| | |
| | |
| |
| | | (2) | In subsection (4) after “section”, insert “relating to anything other than an English |
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| | | |
| | | (3) | After subsection (4) insert— |
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| | | “(4A) | An application under this section relating to an English matter may not |
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| | | be made without the leave of the High Court or the Court of Appeal. |
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| | | (4B) | An application for leave for the purposes of subsection (4A) must be |
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| | | made within six weeks from the relevant date.”. |
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| | | (4) | In subsection (5) leave out “subsection (4)” and insert “subsections (4) and |
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| | | |
| | | (5) | After subsection (5) insert— |
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| | | “(6) | In this section “English matter” means a scheme or alteration of such a |
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| | | scheme or an order to which this section applies which is made by— |
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| | | (a) | a local planning authority in England, or |
|
| | | (b) | the Secretary of State, or |
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| | | (7) | References in this Act to an application under this section do not include |
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| | | 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. |
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| | |
| | | Leave of the court required for hazardous substances applications |
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| | |
| | | |
| | 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. |
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| | | (2) | In subsection (3) after “section”, insert “relating to anything other than an English |
|
| | | |
| | | (3) | After subsection (3) insert— |
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| | | “(3A) | An application under this section relating to an English matter may not |
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| | | be made without the leave of the High Court or the Court of Appeal. |
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| | | (3B) | An application for leave for the purposes of subsection (3A) must be |
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| | | made within six weeks from from the relevant date.”. |
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| | | (4) | After subsection (6) insert— |
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| | | “(7) | In this section “English matter” means a scheme or alteration of such a |
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| | | scheme or an order to which this section applies which is made by— |
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| | | (a) | a local planning authority in England, or |
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| | | (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 |
|
| | |
| | | |
| | 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 |
|
| | | |
| | | (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.”. |
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| | | (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— |
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| | | (a) | a local planning authority in England, or |
|
| | | (b) | the Secretary of State, or |
|
| | | (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 |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | In section 288(5) of the Town and Country Planning Act 1990, at end add “wholly |
|
| | | |
| | | (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 |
|
| | | |
| | | Member’s explanatory statement
|
|
| | | These changes allow a decision to be quashed in part, for example to remove an unlawful part of |
|
|
