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| | Page 54, line 27, leave out Clause 53. |
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| | | Clause Agreed to on division. |
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| | Clause 54, page 55, line 22, leave out subsection (3). |
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| | Clause 54, page 55, line 25, after ‘judicial review’, insert ‘or any intervener’. |
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| | Clause 54, page 55, line 30, leave out ‘or likely to be available’. |
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| | Clause 54, page 56, line 10, leave out subsections (9), (10) and (11). |
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| | | Clause Agreed to on division. |
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| | Clause 55, page 56, line 41, leave out ‘or may provide’. |
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| | Clause 55, page 57, line 1, leave out ‘or may provide’. |
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| | Clause 55, page 57, line 10, leave out ‘must’ and insert ‘may’. |
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| | Clause 55, page 57, line 12, leave out subsections (3), (4) and (5). |
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| | Clause 57, page 58, line 3, at end insert ‘or the Court of Appeal’ |
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| | | Drugs for which prisoners etc may be tested |
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| | To move the following Clause:— |
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| | | ‘(1) | The Prison Act 1952 is amended as follows. |
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| | | (2) | In section 16A (testing prisoners for drugs), in subsection (3)— |
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| | | (a) | at the end of the definition of “drug” insert “or specified drug”, |
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| | | (b) | omit the “and” that follows the definition of “prison officer”, and |
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| | | (c) | at the appropriate place insert— |
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| | | ““specified drug” means any substance or product specified in |
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| | | prison rules for the purposes of this section.” |
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| | | (3) | In section 47 (rules for the management of prisons etc), after subsection (3) |
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| | | “(3A) | Rules made under this section may specify any substance or product |
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| | | (which is not a controlled drug for the purposes of the Misuse of Drugs |
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| | | Act 1971) in relation to which a person may be required to provide a |
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| | | sample for the purposes of section 16A of this Act.”’. |
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| | | Offence of sending letters etc with intent to cause distress or anxiety |
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| | To move the following Clause:— |
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| | | ‘(1) | In section 1 of the Malicious Communications Act 1988 (offence of sending |
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| | | letters etc with intent to cause distress or anxiety), for subsection (4) substitute— |
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| | | “(4) | A person guilty of an offence under this section is liable— |
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| | | (a) | on conviction on indictment to imprisonment for a term not |
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| | | exceeding two years or a fine (or both); |
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| | | (b) | on summary conviction to imprisonment for a term not |
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| | | exceeding 12 months or a fine (or both). |
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| | | (5) | In relation to an offence committed before section 154(1) of the Criminal |
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| | | Justice Act 2003 comes into force, the reference in subsection (4)(b) to |
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| | | 12 months is to be read as reference to six months. |
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| | | (6) | In relation to an offence committed before section 85 of the Legal Aid |
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| | | Sentencing and Punishment of Offenders Act 2012 comes into force, the |
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| | | reference in subsection (4)(b) to a fine is to be read as a reference to a fine |
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| | | not exceeding the statutory maximum.” |
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| | | (2) | The amendment made by this section applies only in relation to an offence |
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| | | committed on or after the day on which it comes into force.’. |
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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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| | | Leave of the court required for section 287 applications |
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| | To move the following Clause:— |
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| | | ‘(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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