Proposed amendments
41 amendments across 12 provisions
Clause 1 20
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Provision may only be made under subsection (1) if and to the extent that the court considers that an order making such provision would, as a matter of substance, offer an effective remedy to the claimant and any other person materially affected by the impugned act in relation to the relevant defect.”
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In deciding whether there is a detriment to good administration under subsection (8)(b), the court must have regard to the principle that good administration is administration which is lawful.”
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Where the impugned act consists in the making or laying of delegated legislation (“the impugned legislation”), subsections (3) and (4) do not prevent any person charged with an offence under or by virtue of any provision of the impugned legislation raising the validity of the impugned legislation as a defence in criminal proceedings.
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Provision under subsection (1) may only be made if the court is satisfied that it is in the interest of justice to do so.”
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Clause 2 6
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“Limitation of review of Upper Tribunal’s permission-to-appeal decisions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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Notwithstanding subsection (1), subsections (2) and (3) do not apply where the party refused permission (or leave) to appeal by the Upper Tribunal was the appellant before the First-tier Tribunal and—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
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“Limitation of review of Upper Tribunal’s permission-to-appeal decisions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of Cart Judicial Reviews
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 3 2
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it is not a recordable offence, as specified in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139).”
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Criminal Procedure Rules may make provision about information that should be made available to the media and public in these circumstances.”
Clause 4 1
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Clause 5 1
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“Review of the single justice procedure
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 6 3
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“and has received the advice of a legal representative prior to submitting a plea.”
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Criminal Procedure Rules may make provision about information that should be made available to the media and public relating to pleas in writing.”
Clause 8 1
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Clause 9 1
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Clause 13 2
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“Magistrates’ increased sentencing powers: reporting
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 14 1
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Clause 39 2
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In the following provisions of the Births and Deaths Registration Act 1953, for “revealed by post-mortem examination” substitute “becoming clear before inquest”—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.