Criminal Justice and Courts Bill (HL Bill 49)

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

(4) Omit subsection (3).

(5) After subsection (4) insert—

“(4A) 5An 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—

(a) 10in 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
which this section applies, the date on which the order is
15confirmed;

(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,
the date on which the order is made.

(4C) 20When 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
question, until the final determination of—

(a) 25the 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) in paragraph (a), for “the order or action” substitute “any order or
30action”, and

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

(7) For subsection (6) substitute—

“(6) The High Court may not suspend a tree preservation order under
35subsection (4C) or (5)(a).”

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

(9) For subsection (9) substitute—

“(9) In this section—

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

• 40“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,
  45which are applicable to that order or action;

  Criminal Justice and Courts BillPage 171

  (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
  5those 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).”

10Planning (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) a relevant costs order made in connection with any
15such 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
20provision 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) 25If 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) 30that 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) 35after “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) 40For 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
523 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) 10in 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
15suspending 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
20under 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) 25in 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;

• 30“the relevant requirements”—

  (a)

  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
  35those Acts, which are applicable to the order or
  decision;

  (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
  40of any order, regulations or rules made under any of
  those Acts, which are applicable to the order.”

Planning (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) 45In 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
5made 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
10operation 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
15under 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)Planning and Compulsory Purchase Act 2004 (c. 5)

8 (1) Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of
20strategies, 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
25made 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) 30if 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) 35in any other case, until the proceedings are finally
determined.”

(5) Omit subsection (8).