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EnactedJudicial Review and Courts Act 2022

Proposed amendments

41 amendments across 12 provisions

Clause 1 20

Amendment #91100#91100DisagreedRemoves provision
Amendment text
Lord Ponsonby of Shulbrede gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.
Stage
Committee stage
Type
DeleteClauseOrSchedule
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91101#91101WithdrawnAmends text
Amendment text
leave out lines 24 to 32
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Anderson of Ipswich
Amendment #91103#91103Not movedAmends text
Amendment text
leave out “or (4)”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Pannick
Amendment #91104#91104Not movedAmends text
Amendment text
leave out lines 15 to 18
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Pannick
Amendment #91105#91105WithdrawnAmends text
Amendment text
leave out line 9
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Pannick
Amendment #91111#91111Not movedAmends text
Amendment text
leave out lines 24 to 32 and insert—
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.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Baroness Chakrabarti
Amendment #91128#91128Not movedAmends text
Amendment text
leave out lines 14 and 15
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91129#91129Not movedAmends text
Amendment text
at end insert—
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.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91130#91130Not movedAmends text
Amendment text
leave out “or proposed to be taken”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91131#91131Not movedAmends text
Amendment text
at end insert “, which are to be identified by the defendant”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91132#91132Not movedAmends text
Amendment text
at end insert “including, but not limited to, the interests and expectations of a claimant in receiving a timely remedy”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91133#91133Not movedAmends text
Amendment text
leave out “must” and insert “may”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91134#91134Not movedAmends text
Amendment text
at end insert—
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.
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91135#91135Not movedAmends text
Amendment text
leave out lines 31 and 32
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91136#91136WithdrawnAmends text
Amendment text
at end insert—
Provision under subsection (1) may only be made if the court is satisfied that it is in the interest of justice to do so.”
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91137#91137Not movedAmends text
Amendment text
leave out lines 10 and 11
Stage
Committee stage
Type
EditBillBody
Clause
1
Lord Ponsonby of Shulbrede
Amendment #91887#91887AgreedAmends text
Amendment text
leave out lines 24 to 32
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Anderson of Ipswich
Amendment #92378#92378AgreedAmends text
Amendment text
leave out line 9
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames
Amendment #92379#92379AgreedAmends text
Amendment text
leave out “or (4)”
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames
Amendment #92380#92380AgreedAmends text
Amendment text
leave out lines 15 to 18
Stage
Report stage
Type
EditBillBody
Clause
1
Lord Marks of Henley-on-Thames

Clause 2 6

Amendment #91110#91110DisagreedRemoves provision
Amendment text
The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
Stage
Committee stage
Type
DeleteClauseOrSchedule
Clause
2
Baroness Chakrabarti
Amendment #91123#91123Not movedAmends text
Amendment text
leave out “procedurally defective”
Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Ponsonby of Shulbrede
Amendment #91182#91182Not movedNew clause / schedule
Amendment text
Leave out Clause 2 and insert the following new Clause—
“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.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
2
Lord Etherton
Amendment #91304#91304WithdrawnAmends text
Amendment text
at end insert—
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.

Stage
Committee stage
Type
EditBillBody
Clause
2
Lord Ponsonby of Shulbrede
Amendment #91886#91886AgreedNew clause / schedule
Amendment text
Leave out Clause 2 and insert the following new Clause—
“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.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
2
Lord Etherton
Amendment #92278#92278Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“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.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
2
Lord Ponsonby of Shulbrede

Clause 3 2

Amendment #92277#92277WithdrawnAmends text
Amendment text
at end insert “and
it is not a recordable offence, as specified in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 (S.I. 2000/1139).”
Stage
Report stage
Type
EditBillBody
Clause
3
Lord Ponsonby of Shulbrede
Amendment #92683#92683Not movedAmends text
Amendment text
at end insert—
Criminal Procedure Rules may make provision about information that should be made available to the media and public in these circumstances.”
Stage
Report stage
Type
EditBillBody
Clause
3
Lord Ponsonby of Shulbrede

Clause 4 1

Amendment #92276#92276Not movedAmends text
Amendment text
leave out “16” and insert “18”
Stage
Report stage
Type
EditBillBody
Clause
4
Lord Ponsonby of Shulbrede

Clause 5 1

Amendment #92275#92275Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“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.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
5
Lord Ponsonby of Shulbrede

Clause 6 3

Amendment #92274#92274Not movedAmends text
Amendment text
after “plea” insert “and consequences of pleading guilty”
Stage
Report stage
Type
EditBillBody
Clause
6
Lord Ponsonby of Shulbrede
Amendment #92681#92681Not movedAmends text
Amendment text
at end insert—
“and has received the advice of a legal representative prior to submitting a plea.”
Stage
Report stage
Type
EditBillBody
Clause
6
Lord Ponsonby of Shulbrede
Amendment #92682#92682Not movedAmends text
Amendment text
at end insert—
Criminal Procedure Rules may make provision about information that should be made available to the media and public relating to pleas in writing.”
Stage
Report stage
Type
EditBillBody
Clause
6
Lord Ponsonby of Shulbrede

Clause 8 1

Amendment #92273#92273Not movedRemoves provision
Amendment text
Leave out Clause 8
Stage
Report stage
Type
DeleteClauseOrSchedule
Clause
8
Lord Ponsonby of Shulbrede

Clause 9 1

Amendment #92272#92272Not movedAmends text
Amendment text
leave out subsection (5)
Stage
Report stage
Type
EditBillBody
Clause
9
Lord Ponsonby of Shulbrede

Clause 13 2

Amendment #92374#92374AgreedAmends text
Amendment text
leave out “by section 224(1A)(b)” and insert “in respect of the offence by section 224(1)”
Stage
Report stage
Type
EditBillBody
Clause
13
Lord Wolfson of Tredegar
Amendment #92680#92680Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“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.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
13
Lord Ponsonby of Shulbrede

Clause 14 1

Amendment #92271#92271Not movedRemoves provision
Amendment text
Leave out Clause 14
Stage
Report stage
Type
DeleteClauseOrSchedule
Clause
14
Lord Ponsonby of Shulbrede

Clause 39 2

Amendment #92362#92362AgreedAmends text
Amendment text
leave out “follows” and insert “set out in subsections (2) and (3)”
Stage
Report stage
Type
EditBillBody
Clause
39
Lord Wolfson of Tredegar
Amendment #92373#92373AgreedAmends text
Amendment text
at end insert—
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.

Stage
Report stage
Type
EditBillBody
Clause
39
Lord Wolfson of Tredegar

Clause 49 1

Amendment #92728#92728AgreedAmends text
Amendment text
leave out “passed without” and insert “the Bill for which would not require”
Stage
3rd reading
Type
EditBillBody
Clause
49
Lord Wolfson of Tredegar