Lord Ponsonby of Shulbrede gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.
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Amendments 41
Committee stage — Lords 20
leave out lines 24 to 32
leave out “or (4)”
leave out lines 15 to 18
leave out line 9
The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.
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.”
leave out “procedurally defective”
leave out lines 14 and 15
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.”
leave out “or proposed to be taken”
at end insert “, which are to be identified by the defendant”
at end insert “including, but not limited to, the interests and expectations of a claimant in receiving a timely remedy”
leave out “must” and insert “may”
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.
leave out lines 31 and 32
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.”
leave out lines 10 and 11
Leave out Clause 2 and insert the following new Clause— “Limitation of review of Upper Tribunal’s permission-to-appeal decisions
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—
Report stage — Lords 20
Leave out Clause 2 and insert the following new Clause— “Limitation of review of Upper Tribunal’s permission-to-appeal decisions
leave out lines 24 to 32
Leave out Clause 14
leave out subsection (5)
Leave out Clause 8
after “plea” insert “and consequences of pleading guilty”
Insert the following new Clause— “Review of the single justice procedure
leave out “16” and insert “18”
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).”
Insert the following new Clause— “Review of Cart Judicial Reviews
leave out “follows” and insert “set out in subsections (2) and (3)”
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”—
leave out “by section 224(1A)(b)” and insert “in respect of the offence by section 224(1)”
leave out line 9
leave out “or (4)”
leave out lines 15 to 18
Insert the following new Clause— “Magistrates’ increased sentencing powers: reporting
at end insert— “and has received the advice of a legal representative prior to submitting a plea.”
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.”
at end insert— Criminal Procedure Rules may make provision about information that should be made available to the media and public in these circumstances.”
3rd reading — Lords 1
leave out “passed without” and insert “the Bill for which would not require”