Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 27 March 2014          

42

 

Criminal Justice and Courts Bill, continued

 
 

“(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).”.

 


 

Leave of the court required for hazardous substances applications

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

Not called  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).”.’.

 


 

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

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

Not called  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 Proceedings: 27 March 2014          

43

 

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).”.’.

 


 

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

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

Not called  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”.’.

 


 

Broadening of applications to the High Court to include costs decisions

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

Not called  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.”.


 
 

Public Bill Committee Proceedings: 27 March 2014          

44

 

Criminal Justice and Courts Bill, continued

 
 

(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.”.’.

 


 

Equalisation of six week periods for bringing proceedings

 

Robert Neill

 

Mr Robert Buckland

 

Not called  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”.’.

 


 

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


 
 

Public Bill Committee Proceedings: 27 March 2014          

45

 

Criminal Justice and Courts Bill, continued

 
 

challenge and simplification

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

Not called  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.”.’.

 


 

Meeting a child following sexual grooming etc.

 

Sarah Champion

 

Dr Julian Huppert

 

Mrs Emma Lewell-Buck

 

Withdrawn  NC9

 

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 2003 is amended as follows.

 

(2)    

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

 

substitute “one”.’.

 



 
 

Public Bill Committee Proceedings: 27 March 2014          

46

 

Criminal Justice and Courts Bill, continued

 
 

Offence of abduction of child by other persons

 

Sarah Champion

 

Dr Julian Huppert

 

Mrs Emma Lewell-Buck

 

Withdrawn  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”.’.

 


 

Offence of assaulting a worker selling alcohol

 

Dan Jarvis

 

Mr Andy Slaughter

 

Negatived on division  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.

 

(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.’.

 



 
 

Public Bill Committee Proceedings: 27 March 2014          

47

 

Criminal Justice and Courts Bill, continued

 
 

Instituting proceedings by written charge

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  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.”.

 

(7)    

In subsection (4), for the words from the beginning to “public prosecutor”

 

substitute “A relevant prosecutor authorised to issue a requisition”.

 

(8)    

In subsection (5), for ““public prosecutor”” substitute ““relevant prosecutor””.

 

(9)    

After subsection (5) insert—

 

“(5A)    

An order under subsection (5)(h) specifying a person for the purposes

 

of this section must also specify whether that person and a person

 

authorised by that person to institute criminal proceedings—

 

(a)    

are authorised to issue requisitions and two justice procedure

 

notices, or


 
 

Public Bill Committee Proceedings: 27 March 2014          

48

 

Criminal Justice and Courts Bill, continued

 
 

(b)    

are authorised to issue only two justice procedure notices.”.

 

(10)    

A person who immediately before the commencement of this section is—

 

(a)    

a person specified in an order under section 29(5)(h) of the Criminal

 

Justice Act 2003, or

 

(b)    

a person authorised by a person so specified to institute criminal

 

proceedings,

 

    

is to be treated after the commencement of this section as authorised to issue

 

requisitions and two justice procedure notices (subject to the order

 

specifying that person being varied or revoked).’.

 


 

Instituting proceedings: further provision

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  NC13

 

To move the following Clause:—

 

‘(1)    

Section 30 of the Criminal Justice Act 2003 (further provision about method of

 

instituting proceedings in section 29) is amended as follows.

 

(2)    

In subsection (1)—

 

(a)    

in paragraph (a), for “or requisitions” substitute “requisitions or two

 

justice procedure notices”, and

 

(b)    

in paragraph (b), for “or requisitions” substitute “requisitions or two

 

justice procedure notices”.

 

(3)    

In subsection (2)(b), after “further requisitions” insert “or further two justice

 

procedure notices”.

 

(4)    

In subsection (5)—

 

(a)    

in paragraph (b), for “public prosecutor” substitute “relevant

 

prosecutor”, and

 

(b)    

after paragraph (b) insert ”, and

 

(c)    

any reference (however expressed) which is or includes

 

a reference to a summons under section 1 of the

 

Magistrates’ Courts Act 1980 (or to a justice of the

 

peace issuing such a summons) is to be read as

 

including a reference to a two justice procedure notice

 

(or to a relevant prosecutor issuing a two justice

 

procedure notice).”.

 

(5)    

After subsection (7) insert—

 

“(7A)    

The reference in subsection (5) to an enactment contained in an Act

 

passed before this Act is to be read, in relation to paragraph (c) of

 

subsection (5), as including—

 

(a)    

a reference to an enactment contained in an Act passed before or

 

in the same Session as the Criminal Justice and Courts Act

 

2014, and

 

(b)    

a reference to an enactment contained in such an Act as a result

 

of an amendment to that Act made by the Criminal Justice and

 

Courts Act 2014 or by any other Act passed in the same Session

 

as the Criminal Justice and Courts Act 2014.”.


 
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