House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 18 March 2014
32

Criminal Justice and Courts Bill, continued

person who may make payments towards expenditure incurred by the Board if the college is

directly managed, rather than contracted-out.

Mr Shailesh Vara

24

Schedule  4,  page  81,  line  30,  at end insert—

‘32A
In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a)
in paragraph (c), after “principal of a” insert “directly managed”, and

(b)
in paragraph (d), after “or prison” insert “or the principal of a

contracted-out secure college”.’.

Mr Shailesh Vara

25

Schedule  4,  page  81,  line  33,  after ‘references’ insert ‘to a directly managed secure

college and’.

Mr Shailesh Vara

26

Schedule  4,  page  81,  line  34,  leave out ‘such a’ and insert ‘a contracted-out,’.

Mr Shailesh Vara

27

Schedule  4,  page  81,  line  35,  leave out ‘1’ and insert ‘27’.

Mr Andy Slaughter

47


Clause  24,  page  23,  line  12,  leave out ‘single’ and insert ‘two’.

Mr Andy Slaughter

39


Clause  24,  page  24,  line  15,  at end insert—

‘(11)
No offences shall be triable under this procedure unless specified in regulations

made by the Secretary of State and of which a draft has been laid before, and

approved by each House of Parliament.’.

Mr Andy Slaughter

40


Clause  26,  page  25,  leave out lines 27 to 32.

Mr Andy Slaughter

41


Clause  26,  page  25,  line  38,  at end insert—

‘(c)
a submission from the DVLA to inform the court of any penalty points

endorsed on the defendant’s driver record.’.

Public Bill Committee: 18 March 2014
33

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

42


Clause  26,  page  26,  leave out lines 5 and 6.

Mr Andy Slaughter

43


Clause  26,  page  26,  line  7,  leave out from ‘parties’ to end.

Mr Andy Slaughter

44


Clause  26,  page  26,  line  18,  at end insert—

‘(12)
Prior to a paper procedure the court must publish the cases to which it will apply

and when it will take place, and

(13)
Following a paper procedure the court must publish the outcome.’.

Mr Andy Slaughter

45


Clause  26,  page  28,  line  11,  at end insert ‘or that the accused did not understand the

documents specified in 16(a)(2).’.

Mr Andy Slaughter

46


Clause  27,  page  29,  leave out line 39.

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”.

Public Bill Committee: 18 March 2014
34

Criminal Justice and Courts Bill, continued

(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.”.

(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.

Public Bill Committee: 18 March 2014
35

Criminal Justice and Courts Bill, continued

(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.

(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.

Public Bill Committee: 18 March 2014
36

Criminal Justice and Courts Bill, continued

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

(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.

Public Bill Committee: 18 March 2014
37

Criminal Justice and Courts Bill, continued

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.

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.

Public Bill Committee: 18 March 2014
38

Criminal Justice and Courts Bill, continued

(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

decision on a point of law that person may make an application to the

High Court under this section.

(2)
If a person is aggrieved by any decision of the Secretary of State in

proceedings on an appeal under Part VIII against a notice under section

207, and wishes to question the validity of that decision on a point of law,

that person may make an application to the High Court under this

section.”.

(2)
In section 289 of the Town and Country Planning Act 1990, leave out subsections

(3) and (4).

(3)
In section 65 of the Planning (Listed Buildings and Conservation Areas) Act

1990, leave out subsections (1) to (3) and insert—

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

proceedings on an appeal under section 39 against a listed building

enforcement notice, including any grant of listed building consent, and

wishes to question the validity of that decision on a point of law, that

person may make an application to the High Court under this section.”.’.

Member’s explanatory statement

This set of amendments makes a series of alterations to the procedure for High Court challenges

to enforcement appeal decisions.



© Parliamentary copyright	Revised 18 March 2014