House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 25 March 2014
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Criminal Justice and Courts Bill, continued

(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

Mr Robert Buckland

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

Public Bill Committee: 25 March 2014
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Criminal Justice and Courts Bill, continued

(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

Mr Robert Buckland

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.

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

Robert Neill

Mr Robert Buckland

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.

Public Bill Committee: 25 March 2014
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Criminal Justice and Courts Bill, continued

(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

Mr Robert Buckland

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

Mr Robert Buckland

NC6

To move the following Clause:—

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

Public Bill Committee: 25 March 2014
123

Criminal Justice and Courts Bill, continued

“(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

Mr Robert Buckland

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

Public Bill Committee: 25 March 2014
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Criminal Justice and Courts Bill, continued

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

Mr Robert Buckland

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.

Meeting a child following sexual grooming etc.

Sarah Champion

Dr Julian Huppert

NC9

To move the following Clause:—

‘(1)
The Sexual Offences Act 2003 is amended as follows.

Public Bill Committee: 25 March 2014
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Criminal Justice and Courts Bill, continued

(2)
In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”,

substitute “one”.’.

Member’s explanatory statement

At present, someone is only considered to be committing an offence if they contact the child twice

and arrange to meet them or travel to meet them with the intention of committing a sexual offence.

This new Clause would mean that the perpetrator would only have to make contact once.

Offence of abduction of child by other persons

Sarah Champion

Dr Julian Huppert

NC10

To move the following Clause:—

‘(1)
The Child Abduction Act 1984 is amended as follows.

(2)
In section 2(1) (offence of abduction of child by other persons) for “sixteen”,

substitute “eighteen”.’.

Member’s explanatory statement

At present, there is a disparity between the ages that children must be to be considered to be

abducted depending on whether they are in the care system or not. This new Clause would rectify

this disparity and set a conistent age of under 18.

Offence of assaulting a worker selling alcohol

Dan Jarvis

Mr Andy Slaughter

NC11

To move the following Clause:—

‘(1)
A person who assaults a worker who is required to enforce the Licensing Act

2003—

(a)
in the course of that worker’s employment; or

(b)
by reason of that worker’s employment,


commits an offence.

(2)
No offence is committed—

(a)
under subsection (1)(a) unless the person who assaults knows, or ought

to know, that the worker is acting in the course of the worker’s

employment or is enforcing the 2003 Act;

(b)
under subsection (1)(b) unless the assault is motivated, in whole or in

part, by malice towards the worker by reason of the worker’s

employment and their enforcement of the 2003 Act.

(3)
In this section—

“worker selling alcohol” means a person whose employment involves them

selling alcohol under the provisions of the Licensing Act 2003.

“employment” in this context means any paid or unpaid work whether under

contract, apprenticeship, or otherwise.

Public Bill Committee: 25 March 2014
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Criminal Justice and Courts Bill, continued

(4)
Evidence from a single source is sufficient evidence to establish for the purpose

of subsection (1) whether a person is a worker.

(5)
A person guilty of an offence under this Act is liable, on summary conviction, to

imprisonment for a period not exceeding six months or to a fine not exceeding

level 5 on the standard scale.’.

Instituting proceedings by written charge

Mr Andy Slaughter

Dan Jarvis

NC12

To move the following Clause:—

‘(1)
Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute

proceedings by written charge) is amended as follows.

(2)
In subsection (1), for “public prosecutor” substitute “relevant prosecutor”.

(3)
For subsection (2) substitute—

“(2)
Where a relevant prosecutor issues a written charge, it must at the same

time issue—

(a)
a requisition, or

(b)
a two justice procedure notice.

(2A)
A requisition is a document which requires the person on whom it is

served to appear before a magistrates’ court to answer the written

charge.

(2B)
A two justice procedure notice is a document which requires the person

on whom it is served to serve on the designated officer for a magistrates’

court specified in the notice a written notification stating—

(a)
whether the person desires to plead guilty or not guilty, and

(b)
if the person desires to plead guilty, whether or not the person

desires to be tried in accordance with section 16A of the

Magistrates’ Courts Act 1980.”

(4)
In subsection (3)—

(a)
for “and requisition” substitute “and the requisition of two justice

procedure notice”, and

(b)
after “the requisition” insert “or, as the case may be, the two justice

procedure notice”.

(5)
After subsection (3) insert—

“(3A)
If a two justice procedure notice is served on the person, the relevant

prosecutor must—

(a)
at the same time serve on the person such documents as may be

prescribed by Criminal Procedure Rules, and

(b)
serve copies of those documents on the court.”.

(6)
After subsection (3A) insert—

“(3B)
The written notification required by a two justice procedure notice may

be served by the legal representative of the person charged on the

person‘s behalf.”.



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