House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

7

House of Commons

Notices of Amendments

given up to and including

Friday 6 June 2014

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Consideration of Bill

Criminal Justice and Courts Bill, As Amended

Note

The Amendments have been arranged in accordance with the Order of the House

[12 May 2014].

NEW CLAUSES AND NEW SCHEDULES RELATING TO JUDICIAL REVIEW AND

CHALLENGES TO PLANNING-RELATED DECISIONS; AMENDMENTS TO PART 4

Secretary Chris Grayling

NC12

To move the following Clause—

“Leave of court required for certain planning applications

Schedule (Leave of court required for certain planning proceedings) contains

amendments requiring leave of court to be obtained before certain planning

applications may be made.”

Member’s explanatory statement

This amendment introduces a new Schedule (see amendment NS1) which provides that challenges

to a range of planning-related decisions and other actions may only be brought with the leave of

the High Court

Notices of Amendments: 6 June 2014
8

Criminal Justice and Courts Bill, continued

Secretary Chris Grayling

NC13

To move the following Clause—

“Periods of time for certain legal challenges

(1)
In section 61N of the Town and Country Planning Act 1990 (legal challenges

relating to neighbourhood development orders)—

(a)
in subsections (1)(b) and (2)(b), after “beginning with” insert “the day

after”;

(b)
in subsection (3)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “beginning with” insert “the day after”.

(2)
In section 106C of that Act (legal challenges relating to development consent

obligations)—

(a)
in subsection (1)(b)—

(i)
for “during” substitute” “before the end of”;

(ii)
after “beginning with” insert “the day after”;

(b)
in subsection (1A), after “begins with” insert “the day after”;

(c)
in subsections (2)(b) and (3)(b)—

(i)
for “during” substitute” “before the end of”;

(ii)
after “beginning with” insert “the day after”.

(3)
In section 13 of the Planning Act 2008 (legal challenges relating to national

policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—

(a)
for “during” substitute “before the end of”;

(b)
after “beginning with” insert “the day after”.

(4)
In section 118 of that Act (legal challenges relating to applications for orders

granting development consent)—

(a)
in subsections (1)(b), (2)(b) and (3)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “beginning with” insert “the day after”;

(b)
in subsections (4)(b), (5)(b) and (6)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “day”, wherever occurring, insert “after the day”;

(c)
in subsection (7)(b)—

(i)
for “during” substitute “before the end of”;

(ii)
after “beginning with” insert “the day after”.”

Member’s explanatory statement

The provisions amended by the clause allow for legal challenges to certain planning-related

decisions and other actions. They stipulate that a challenge may be made during a period of six

weeks beginning with the day on which the decision or action challenged occurs. The amendments

secure that the six-week period does not start to run until the following day

Notices of Amendments: 6 June 2014
9

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

NC43

To move the following Clause—

“Arrangements for legal aid

The Secretary of State may not omit, vary, limit or change the arrangements for

legal aid set out in section (2) or section (9) of the Legal Aid, Sentencing and

Punishment of Offenders Act 2012, in so far as such changes related to the

provisions of Part 4 of this Act.”

Secretary Chris Grayling

NS1

To move the following Schedule—

“Leave of court required for certain planning applications

Town and Country Planning Act 1990 (c. 8)

1
Part 12 of the Town and Country Planning Act 1990 (validity) is amended as

follows.

2    (1)
Section 287 (proceedings for questioning validity of development plans and

certain schemes and orders) is amended as follows.

      (2)
After subsection (2) insert—

“(2A)
An application under this section may not be made without the leave

of the High Court.

(2B)
An application for leave for the purposes of subsection (2A) must be

made before the end of the period of six weeks beginning with the day

after the relevant date.”

      (3)
After subsection (3) insert—

“(3ZA)
An interim order has effect—

(a)
if made on an application for leave, until the final

determination of—

(i)
the question of whether leave should be granted, or

(ii)
where leave is granted, the proceedings on any

application under this section made with such leave;

(b)
in any other case, until the proceedings are finally

determined.”

      (4)
Omit subsections (3C) and (4).

      (5)
In subsection (5), for “subsection (4)” substitute “subsection (2B)”.

      (6)
After subsection (5) insert—

“(5A)
References in this Act to an application under this section do not

include an application for leave for the purposes of subsection (2A).”

3    (1)
Section 288 (proceedings for questioning validity of other orders, decisions

and directions) is amended as follows.

      (2)
Omit subsection (3).

Notices of Amendments: 6 June 2014
10

Criminal Justice and Courts Bill, continued

      (3)
After subsection (4) insert—

“(4A)
An application under this section may not be made without the leave

of the High Court.

(4B)
An application for leave for the purposes of subsection (4A) must be

made before the end of the period of six weeks beginning with the day

after (as the case may be)—

(a)
the date on which the order is confirmed or (in the case of an

order under section 97 which takes effect under section 99

without confirmation) takes effect, or

(b)
the date on which the action is taken.

(4C)
When considering whether to grant leave for the purposes of

subsection (4A), 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.”

      (4)
For subsection (6) substitute—

“(6)
The High Court may not make an interim order—

(a)
under subsection (4C), where leave is sought to make an

application questioning the validity of a tree preservation

order, or

(b)
under subsection (5)(a), on an application questioning the

validity of a tree preservation order.”

      (5)
After subsection (10) insert—

“(11)
References in this Act to an application under this section do not

include an application for leave for the purposes of subsection (4A).”

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

4    (1)
Section 63 of the Planning (Listed Buildings and Conservation Areas) Act

1990 (proceedings for questioning validity of other orders, decisions and

directions) is amended as follows.

      (2)
For subsection (3) substitute—

“(3A)
An application under this section may not be made without the leave

of the High Court.

(3B)
An application for leave for the purposes of subsection (3A) must be

made before the end of the period of six weeks beginning with the day

after (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.

(3C)
When considering whether to grant leave for the purposes of

subsection (3A), the High Court may by interim order suspend the

operation of the order or decision the validity of which the person or

authority concerned wishes to question, until the final determination

of—

Notices of Amendments: 6 June 2014
11

Criminal Justice and Courts Bill, continued

(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.”

      (3)
In subsection (4), after “section” insert “(other than an application for leave)”.

Planning (Hazardous Substances) Act 1990 (c. 10)

5    (1)
Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of

decisions as to applications) is amended as follows.

      (2)
In subsections (1) and (2), omit “within six weeks from the date on which the

decision is taken”.

      (3)
After subsection (2) insert—

“(2A)
An application under this section may not be made without the leave

of the High Court.

(2B)
An application for leave for the purposes of subsection (2A) must be

made before the end of the period of six weeks beginning with the day

after the date on which the decision to which the application relates is

taken.

(2C)
When considering whether to grant leave for the purposes of

subsection (2A), the High Court may by interim order suspend the

operation of the decision 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.”

      (4)
In subsection (3), after “section” insert “(other than an application for leave)”.

Planning and Compulsory Purchase Act 2004 (c. 5)

6    (1)
Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of

strategies, plans and documents) is amended as follows.

      (2)
After subsection (3) insert—

“(3A)
An application may not be made under subsection (3) without the

leave of the High Court.

(3B)
An application for leave for the purposes of subsection (3A) must be

made before the end of the period of six weeks beginning with the day

after the relevant date.”

      (3)
Omit subsection (4).

      (4)
After subsection (5) insert—

“(5A)
An interim order has effect—

(a)
if made on an application for leave, until the final

determination of—

(i)
the question of whether leave should be granted, or

(ii)
where leave is granted, the proceedings on any

application under this section made with such leave;

(b)
in any other case, until the proceedings are finally

determined.”

      (5)
Omit subsection (8).”

Member’s explanatory statement

The Schedule provides that challenges to a number of planning-related decisions and other actions

Notices of Amendments: 6 June 2014
12

Criminal Justice and Courts Bill, continued

may only be brought with the leave of the High Court. The amendments to section 288 of the Town

and Country Planning Act 1990 (previously contained in clause 59) are no longer confined to

challenges relating to English matters

Mr Andy Slaughter

Dan Jarvis

23

Page  55,  line  12,  leave out Clause 55

Mr Andy Slaughter

Dan Jarvis

24

Clause  55,  page  55,  line  16,  leave out “must” and insert “may”

Mr Andy Slaughter

Dan Jarvis

25

Clause  55,  page  55,  line  18,  leave out “not” and insert “decide not to”

Mr Andy Slaughter

Dan Jarvis

26

Clause  55,  page  55,  line  20,  leave out “highly likely” and insert “inevitable”

Mr Andy Slaughter

Dan Jarvis

27

Clause  55,  page  55,  line  31,  leave out “highly likely” and insert “inevitable”

Mr Andy Slaughter

Dan Jarvis

28

Clause  55,  page  55,  line  32,  leave out “must” and insert “may”

Mr Andy Slaughter

Dan Jarvis

29

Clause  55,  page  55,  line  35,  leave out “conduct (or alleged conduct) of the

defendant” and insert “procedural defect”

Mr Andy Slaughter

Dan Jarvis

30

Clause  55,  page  56,  line  15,  leave out “conduct (or alleged conduct) of the

respondent” and insert “procedural defect”

Mr Andy Slaughter

Dan Jarvis

31

Clause  55,  page  56,  line  19,  leave out “highly likely” and insert “inevitable”

Notices of Amendments: 6 June 2014
13

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

32

Clause  55,  page  56,  line  21,  leave out “must” and insert “may”

Mr Andy Slaughter

Dan Jarvis

33

Page  56,  line  28,  leave out Clause 56

Mr Andy Slaughter

Dan Jarvis

34

Page  57,  line  25,  leave out Clause 57

Mr Andy Slaughter

Dan Jarvis

35

Page  58,  line  2,  leave out Clause 58

Mr Andy Slaughter

Dan Jarvis

36

Clause  58,  page  58,  line  11,  leave out subsections (4) and (5)

Mr Andy Slaughter

Dan Jarvis

37

Clause  58,  page  58,  line  18,  leave out “or (5)”

Mr Andy Slaughter

Dan Jarvis

38

Page  58,  line  34,  leave out Clause 59

Dr Hywel Francis

42

Clause  59,  page  58,  line  41,  leave out “only if leave to apply for judicial review has

been granted” and insert “at any stage of the proceedings.”



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