Criminal Justice and Courts Bill (HL Bill 30)

Saving for contempt of court

9 Nothing in paragraph 2, 3 or 4 affects what constitutes contempt
of court at common law or what may be certified under section
311.”

5Part 2 Further amendments

4 The Armed Forces Act 2006 is amended as follows.

5 In section 50(2) (jurisdiction of the Court Martial: service offences), after
paragraph (f) insert—

“(fa) 10an offence under paragraph 2, 3 or 4 of Schedule 2A (offences
committed by a lay member of the Court Martial);

(fb) an offence under paragraph 5 of that Schedule (disclosing
information about members’ deliberations etc) committed by
a person described in sub-paragraph (2) of that paragraph;”.

6 15In section 51(3) (jurisdiction of the Service Civilian Court: excluded
offences), after paragraph (c) insert—

“(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A
(offences relating to members of the Court Martial);”.

7 In section 373 (orders, regulations and rules), after subsection (1) insert—

“(1A) 20The powers conferred by paragraphs 6 and 7 of Schedule 2A on the
Lord Chancellor to make regulations are exercisable by statutory
instrument.”

8 In Schedule 2 (offences required to be referred to service police force or
Director of Service Prosecutions under sections 113 and 116), at the end
25insert—

“14 An offence under paragraph 4 of Schedule 2A (lay member of the
Court Martial engaging in prohibited conduct).

15 An offence under paragraph 5 of Schedule 2A (disclosing
information about the deliberations of members of the Court
30Martial) committed by a person described in sub-paragraph (2) of
that paragraph.”

9 The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the
Court Martial of appeals from Service Civilian Court) to Part 7 of that Act
includes the provisions inserted in that Part by this Schedule.

Section 71

35SCHEDULE 11 Procedure for certain planning challenges

Town and Country Planning Act 1990 (c. 8)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 In section 284 (validity of development plans and certain orders, decisions
and directions)—

(a) in subsection (1), after paragraph (f) insert “; or—

(g) a relevant costs order made in connection with an
5order mentioned in subsection (2) or an action
mentioned in subsection (3),”, and

(b) after subsection (3) insert—

“(3A) In this section, “relevant costs order” means an order made
under section 250(5) of the Local Government Act 1972
10(orders as to costs of parties), as applied by virtue of any
provision of this Act.”

3 (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) 15An 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) 20After 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) 25where 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) 30In 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).”

4 (1) Section 288 (proceedings for questioning validity of other orders, decisions
35and directions) is amended as follows.

(2) After subsection (1) insert—

“(1A) If a person is aggrieved by a relevant costs order made in connection
with an order or action to which this section applies and wishes to
question its validity, the person may make an application to the High
40Court 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.”

(3) In subsection (2)—

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

(b) 5after “applies,” (in the second place) insert “or with any relevant
costs order,”, and

(c) after “subsection (1)” (in the second place) insert “or (1A) (as the case
may be)”.

(4) Omit subsection (3).

(5) 10After 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
15day after—

(a) in the case of an application relating to an order under section
97 that takes effect under section 99 without confirmation, the
date on which the order takes effect;

(b) in the case of an application relating to any other order to
20which this section applies, the date on which the order is
confirmed;

(c) in the case of an application relating to an action to which this
section applies, the date on which the action is taken;

(d) in the case of an application relating to a relevant costs order,
25the date on which the order is made.

(4C) When considering whether to grant leave for the purposes of
subsection (4A), the High Court may, subject to subsection (6), make
an interim order suspending the operation of any order or action the
validity of which the person or authority concerned wishes to
30question, 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 (5)—

(a) 35in paragraph (a), for “the order or action” substitute “any order or
action”, and

(b) in paragraph (b), for “the order or action in question” substitute “any
such order or action”.

(7) For subsection (6) substitute—

“(6) 40The High Court may not suspend a tree preservation order under
subsection (4C) or (5)(a).”

(8) In subsection (7), after “subsection” insert “(4C) or”.

(9) For subsection (9) substitute—

“(9) In this section—

• 45“relevant costs order” has the same meaning as in section 284;

Criminal Justice and Courts BillPage 123

• “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,
  5regulations 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
  10of 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
15include an application for leave for the purposes of subsection (4A).”

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

5 In section 62 of the Planning (Listed Buildings and Conservation Areas) Act
1990—

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

(c) 20a 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
25(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) 30After 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
35application 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) 40In 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
45(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
5made 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) 10in 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
15the 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
20the 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) 25after “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) 30For subsection (6) substitute—

“(6) In this section—

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

• “the relevant requirements”—

  (a)

  in relation to an order or decision mentioned in
  35section 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;

  (b)

  40in 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.”

45Planning (Hazardous Substances) Act 1990 (c. 10)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
5of 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) 10When 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) 15the 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)”.

20Planning and Compulsory Purchase Act 2004 (c. 5)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
25leave 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) 30After 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) 35where 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).