House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill: 17 June 2014
106

Criminal Justice and Courts Bill, continued

(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.”

6    (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.

(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.”

Consideration of Bill: 17 June 2014
107

Criminal Justice and Courts Bill, continued

      (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)

7    (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)

8    (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.

Consideration of Bill: 17 June 2014
108

Criminal Justice and Courts Bill, continued

(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 62) 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”

Consideration of Bill: 17 June 2014
109

Criminal Justice and Courts Bill, continued

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”

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

Consideration of Bill: 17 June 2014
110

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

36

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

Dr Julian Huppert

Mr Andy Slaughter

Dan Jarvis

51

Clause  58,  page  58,  line  11,  leave out subsections (4), (5) and (6) and insert—

“(4)
On an application to the High Court or the Court of Appeal by a relevant party to

the proceedings, the court may order the intervener to pay such costs as the court

considers just.

(5)
An order under subsection (4) will not be considered just unless exceptional

circumstances apply.

(6)
For the purposes of subsection (5), exceptional circumstances include where an

intervener has in substance acted as if it were the principal applicant, appellant or

respondent in the case.”

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

Andy Slaughter

Dan Jarvis

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.”

Mr Andy Slaughter

Dan Jarvis

Dr Hywel Francis

39

Clause  59,  page  59,  line  32,  leave out subsections (9) to (11)

Mr Andy Slaughter

Dan Jarvis

40

Page  60,  line  11,  leave out Clause 60

Consideration of Bill: 17 June 2014
111

Criminal Justice and Courts Bill, continued

Dr Hywel Francis

Andy Slaughter

Dan Jarvis

44

Clause  60,  page  60,  line  29,  leave out “must” and insert “should normally”

Dr Julian Huppert

Sarah Teather

41

Clause  60,  page  60,  line  31,  leave out subsections (3) to (5)

Secretary Chris Grayling

1

Page  61,  line  10,  leave out Clause 62

Member’s explanatory statement

It is proposed to move the amendments made by clause 62 to section 288 of the Town and Country

Planning Act 1990 into a new Schedule (see new Schedule NS3). That amendment also brings the

proposed procedure for applications under section 288 for Wales into line with the proposed

procedure for England

NEW CLAUSES AND NEW SCHEDULES RELATING TO OFFENCES OF POSSESSING OR

USING OFFENSIVE WEAPONS; REMAINING NEW CLAUSES AND NEW SCHEDULES;

AMENDMENTS TO PART 5; REMAINING PROCEEDINGS ON CONSIDERATION

Nick de Bois

Mr David Burrowes

Tracey Crouch

Mr David Davis

Mr Graham Brady

Mr Dominic Raab

Stephen McPartland

Dr Julian Lewis

Mr Charles Walker

Bob Blackman

Andrew Bingham

Bob Stewart

Andrew Rosindell

Mr David Amess

Dan Byles

David Morris

Karl McCartney

Stephen Barclay

Jeremy Lefroy

Priti Patel

Mark Reckless

Mr Stewart Jackson

Gordon Henderson

Mr Julian Brazier

Jason McCartney

David T.C. Davies

Mr William Cash

Philip Davies

Mr David Nuttall

Anne Marie Morris

Mr Brian Binley

Mr Peter Bone

Mr Richard Bacon

Karl McCartney

Sheryll Murray

Heather Wheeler

James Duddridge

James Morris

Sir Gerald Howarth

Simon Reevell

Stephen Barclay

Dr Sarah Woolaston

Mr James Gray

Mr Douglas Carswell

Charlotte Leslie

Andrew Bridgen

Tim Loughton

Chris Kelly

Chris Heaton-Harris

Anne-Marie Morris

Tim Loughton

NC6

To move the following Clause—



© Parliamentary copyright	Revised 17 June 2014