With this it will be convenient to discuss the following:
Government new clause 13—Periods of time for certain legal challenges.
New clause 53—Application of provisions to environmental claims—
‘(1) Sections 55 to 60 of this Act shall not apply to judicial review proceedings which have as their subject an issue relating wholly or partly to—
(a) the state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;
(b) factors, such as substances, energy, noise and radiation, and activities or measures, including administrative measures, environmental agreements, policies, legislation, plans and programmes, affecting or likely to affect the elements of the environment within the scope of sub-paragraph (a) above, and cost-benefit and other economic analyses and assumptions used in environmental decision-making;
(c) the state of human health and safety, conditions of human life, cultural sites and built structures, inasmuch as they are or may be affected by the state of the elements of the environment or, through these elements, by the factors, activities or measures referred to in sub-paragraph (b) above.”
This amendment limits the application of the provisions of this Act on judicial review proceedings which relate to the environment, in line with the definition of environmental information in the Aarhus Convention.
Government new schedule 3—Procedure for certain planning challenges.
Government amendment 1.
Amendment 23, page 55, line 12, leave out clause 55.
Amendment 24, in clause 55, page 55, line 16, leave out “must” and insert “may”.
Amendment 25, page 55, line 18, leave out “not” and insert “decide not to”.
Amendment 26, page 55, line 20, leave out “highly likely” and insert “inevitable”.
Amendment 27, page 55, line 31, leave out “highly likely” and insert “inevitable”.
Amendment 28, page 55, line 32, leave out “must” and insert “may”.
Amendment 29, page 55, line 35, leave out
“conduct (or alleged conduct) of the defendant”
and insert “procedural defect”.
Amendment 30, page 56, line 15, leave out
“conduct (or alleged conduct) of the respondent”
and insert “procedural defect”.
Amendment 31, page 56, line 19, leave out “highly likely” and insert “inevitable”.
Amendment 32, page 56, line 21, leave out “must” and insert “may”.
Amendment 33, page 56, line 28, leave out clause 56.
Amendment 34, page 57, line 25, leave out clause 57.
Amendment 35, page 58, line 2, leave out clause 58.
Amendment 36, in clause 58, page 58, line 11, leave out subsections (4) and (5).
Amendment 51, 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.’
Amendment 37, page 58, line 18, leave out “or (5)”.
Amendment 38, page 58, line 34, leave out clause 59.
Amendment 42, in 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.”
Amendment 39, page 59, line 32, leave out subsections (9) to (11).
Amendment 40, page 60, line 11, leave out clause 60.
Amendment 44, in clause 60, page 60, line 29, leave out “must” and insert “should normally”.
Amendment 41, page 60, line 31, leave out subsections (3) to (5).