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Notices of Amendments: 10 June 2014                     

79

 

Criminal Justice and Courts Bill, continued

 
 

“the relevant requirements”—

 

(a)    

in relation to any order or action to which this section applies,

 

means any requirements of this Act or of the Tribunals and

 

Inquiries Act 1992, or of any order, regulations or rules made

 

under either of those Acts, which are applicable to that order or

 

action;

 

(b)    

in relation to a relevant costs order, means any requirements of

 

this Act, of the Local Government Act 1972 or of the Tribunals

 

and Inquiries Act 1992, or of any order, regulations or rules made

 

under any of those Acts, which are applicable to the relevant

 

costs order.”

 

    (10)  

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)

 

9          

In section 62 of the Planning (Listed Buildings and Conservation Areas) Act

 

1990—

 

(a)    

in subsection (1), after paragraph (b) insert “; or

 

(c)    

a relevant costs order made in connection with any

 

such order or decision,”, and

 

(b)    

after subsection (2) insert—

 

“(2A)    

In this section, “relevant costs order” means an order made

 

under section 250(5) of the Local Government Act 1972

 

(orders as to costs of parties), as applied by virtue of any

 

provision of this Act.”

 

10  (1)  

Section 63 of that Act (proceedings for questioning validity of other orders,

 

decisions and directions) is amended as follows.

 

      (2)  

In subsection (1), for “section 62(1)” substitute “section 62(1)(a) or (b)”.

 

      (3)  

After subsection (1) insert—

 

“(1A)    

If a person is aggrieved by a relevant costs order made in connection

 

with an order or decision mentioned in section 62(1)(a) or (b) and

 

wishes to question its validity, the person may make an application to

 

the High Court under this section (whether or not as part of an

 

application made by virtue of subsection (1)) on the grounds—

 

(a)    

that the relevant costs order is not within the powers of this

 

Act, or

 

(b)    

that any of the relevant requirements have not been complied

 

with in relation to the order.”

 

      (4)  

In subsection (2)—

 

(a)    

after “subsection (1)” (in the first place) insert “or (1A)”,

 

(b)    

for “such order or decision” substitute “order or decision mentioned in

 

section 62(1)”, and

 

(c)    

for “those grounds” substitute “the grounds mentioned in subsection

 

(1) or (1A) (as the case may be)”.

 

      (5)  

For subsection (3) substitute—

 

“(3)    

An application under this section may not be made without the leave

 

of the High Court.


 
 

Notices of Amendments: 10 June 2014                     

80

 

Criminal Justice and Courts Bill, continued

 
 

(3A)    

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

 

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

 

after—

 

(a)    

in the case of an application relating to an order under section

 

23 that takes effect under section 25 without confirmation, the

 

date on which the order takes effect;

 

(b)    

in the case of an application relating to any other order

 

mentioned in section 62(1)(a), the date on which the order is

 

confirmed;

 

(c)    

in the case of an application relating to a decision mentioned

 

in section 62(1)(b) or a relevant costs order, the date on which

 

the decision or order is made.

 

(3B)    

When considering whether to grant leave for the purposes of

 

subsection (3), the High Court may make an interim order suspending

 

the operation of any order or 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.”

 

      (6)  

In subsection (4)—

 

(a)    

after “this section” insert “(other than an application for leave)”,

 

(b)    

in paragraph (a), for “the order or decision” substitute “any order or

 

decision”, and

 

(c)    

in paragraph (b)(i), for “the order or decision” substitute “any such

 

order or decision”.

 

      (7)  

For subsection (6) substitute—

 

“(6)    

In this section—

 

“relevant costs order” has the same meaning as in section 62;

 

“the relevant requirements”—

 

(c)    

in relation to an order or decision mentioned in section 62(1)(a)

 

or (b), means any requirements of this Act or of the Tribunals and

 

Inquiries Act 1992, or of any order, regulations or rules made

 

under either of those Acts, which are applicable to the order or

 

decision;

 

(d)    

in relation to a relevant costs order, means any requirements of

 

this Act, of the Local Government Act 1972 or of the Tribunals

 

and Inquiries Act 1992, or of any order, regulations or rules made

 

under any of those Acts, which are applicable to the order.”

 

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

 

11  (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


 
 

Notices of Amendments: 10 June 2014                     

81

 

Criminal Justice and Courts Bill, continued

 
 

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)

 

12  (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 range of planning-related decisions and actions may

 

only be brought with the leave of the High Court. It also makes challenges to costs orders

 

associated with certain planning orders and decisions subject to the same procedural

 

requirements. 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.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on: 10 June 2014

 

New Clause 12 and New Schedule 1

 


 
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