acthub.beta
EnactedRoyal Assent

Judicial Review and Courts Act 2022

Bill texts 9

  • Bill 152 2020-21 (as introduced) - large font accessible versionBill · 21 Jul 2021download soon
  • Bill 152 2020-21 (as introduced)Bill · 21 Jul 2021download soon
  • Bill 198 2021-22 (as amended in Public Bill Committee) - large printBill · 23 Nov 2021download soon
  • Bill 198 2021-22 (as amended in Public Bill Committee)Bill · 23 Nov 2021download soon
  • HL Bill 102 (as brought from the Commons)Bill · 26 Jan 2022 · 1 file · 4.3 MBdownload soon
  • HL Bill 120 (as amended in Committee)Bill · 24 Feb 2022 · 1 file · 4.3 MBdownload soon
  • HL Bill 146 (as amended on Report)Bill · 31 Mar 2022 · 1 file · 4.6 MBdownload soon
  • Bill 302 2021-22 (Lords Amendments)Bill · 07 Apr 2022download soon
  • HL Bill 151 Commons Disagreement, Reasons and Amendment to the Words So Restored to the BillBill · 26 Apr 2022 · 1 file · 96 KBdownload soon

Amendments 41

Committee stage — Lords 20

DisagreedClause 1DeleteClauseOrSchedule

Lord Ponsonby of Shulbrede gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.

Moved: Lord Ponsonby of Shulbrede#91100
WithdrawnClause 1EditBillBody

leave out lines 24 to 32

Moved: Lord Anderson of IpswichSponsor: Lord Etherton, Lord Pannick, Lord Ponsonby of Shulbrede#91101
NotMovedClause 1EditBillBody

leave out “or (4)”

Moved: Lord PannickSponsor: Lord Ponsonby of Shulbrede, Lord Marks of Henley-on-Thames#91103
NotMovedClause 1EditBillBody

leave out lines 15 to 18

Moved: Lord PannickSponsor: Lord Ponsonby of Shulbrede, Lord Marks of Henley-on-Thames#91104
WithdrawnClause 1EditBillBody

leave out line 9

Moved: Lord PannickSponsor: Lord Ponsonby of Shulbrede, Lord Marks of Henley-on-Thames#91105
DisagreedClause 2DeleteClauseOrSchedule

The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill.

Moved: Baroness ChakrabartiSponsor: Lord Ponsonby of Shulbrede, Lord Marks of Henley-on-Thames#91110
NotMovedClause 1EditBillBody

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.”

Moved: Baroness ChakrabartiSponsor: Lord Ponsonby of Shulbrede#91111
NotMovedClause 2EditBillBody

leave out “procedurally defective”

Moved: Lord Ponsonby of Shulbrede#91123
NotMovedClause 1EditBillBody

leave out lines 14 and 15

Moved: Lord Ponsonby of Shulbrede#91128
NotMovedClause 1EditBillBody

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.”

Moved: Lord Ponsonby of Shulbrede#91129
NotMovedClause 1EditBillBody

leave out “or proposed to be taken”

Moved: Lord Ponsonby of Shulbrede#91130
NotMovedClause 1EditBillBody

at end insert “, which are to be identified by the defendant”

Moved: Lord Ponsonby of Shulbrede#91131
NotMovedClause 1EditBillBody

at end insert “including, but not limited to, the interests and expectations of a claimant in receiving a timely remedy”

Moved: Lord Ponsonby of Shulbrede#91132
NotMovedClause 1EditBillBody

leave out “must” and insert “may”

Moved: Lord Ponsonby of Shulbrede#91133
NotMovedClause 1EditBillBody

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.

Moved: Lord Ponsonby of Shulbrede#91134
NotMovedClause 1EditBillBody

leave out lines 31 and 32

Moved: Lord Ponsonby of Shulbrede#91135
WithdrawnClause 1EditBillBody

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.”

Moved: Lord Ponsonby of Shulbrede#91136
NotMovedClause 1EditBillBody

leave out lines 10 and 11

Moved: Lord Ponsonby of Shulbrede#91137
NotMovedClause 2AddClauseOrSchedule

Leave out Clause 2 and insert the following new Clause— “Limitation of review of Upper Tribunal’s permission-to-appeal decisions

Moved: Lord Etherton#91182
WithdrawnClause 2EditBillBody

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—

Moved: Lord Ponsonby of Shulbrede#91304

Report stage — Lords 20

AgreedClause 2AddClauseOrSchedule

Leave out Clause 2 and insert the following new Clause— “Limitation of review of Upper Tribunal’s permission-to-appeal decisions

Moved: Lord EthertonSponsor: Lord Pannick, Lord Ponsonby of Shulbrede, Lord Marks of Henley-on-Thames#91886
AgreedClause 1EditBillBody

leave out lines 24 to 32

Moved: Lord Anderson of IpswichSponsor: Lord Etherton, Lord Pannick, Lord Ponsonby of Shulbrede#91887
NotMovedClause 14DeleteClauseOrSchedule

Leave out Clause 14

Moved: Lord Ponsonby of Shulbrede#92271
NotMovedClause 9EditBillBody

leave out subsection (5)

Moved: Lord Ponsonby of Shulbrede#92272
NotMovedClause 8DeleteClauseOrSchedule

Leave out Clause 8

Moved: Lord Ponsonby of Shulbrede#92273
NotMovedClause 6EditBillBody

after “plea” insert “and consequences of pleading guilty”

Moved: Lord Ponsonby of Shulbrede#92274
NotMovedClause 5AddClauseOrSchedule

Insert the following new Clause— “Review of the single justice procedure

Moved: Lord Ponsonby of Shulbrede#92275
NotMovedClause 4EditBillBody

leave out “16” and insert “18”

Moved: Lord Ponsonby of Shulbrede#92276
WithdrawnClause 3EditBillBody

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).”

Moved: Lord Ponsonby of Shulbrede#92277
NotMovedClause 2AddClauseOrSchedule

Insert the following new Clause— “Review of Cart Judicial Reviews

Moved: Lord Ponsonby of Shulbrede#92278
AgreedClause 39EditBillBody

leave out “follows” and insert “set out in subsections (2) and (3)”

Moved: Lord Wolfson of Tredegar#92362
AgreedClause 39EditBillBody

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”—

Moved: Lord Wolfson of Tredegar#92373
AgreedClause 13EditBillBody

leave out “by section 224(1A)(b)” and insert “in respect of the offence by section 224(1)”

Moved: Lord Wolfson of Tredegar#92374
AgreedClause 1EditBillBody

leave out line 9

Moved: Lord Marks of Henley-on-ThamesSponsor: Lord Thomas of Gresford#92378
AgreedClause 1EditBillBody

leave out “or (4)”

Moved: Lord Marks of Henley-on-ThamesSponsor: Lord Thomas of Gresford#92379
AgreedClause 1EditBillBody

leave out lines 15 to 18

Moved: Lord Marks of Henley-on-ThamesSponsor: Lord Thomas of Gresford#92380
NotMovedClause 13AddClauseOrSchedule

Insert the following new Clause— “Magistrates’ increased sentencing powers: reporting

Moved: Lord Ponsonby of Shulbrede#92680
NotMovedClause 6EditBillBody

at end insert— “and has received the advice of a legal representative prior to submitting a plea.”

Moved: Lord Ponsonby of Shulbrede#92681
NotMovedClause 6EditBillBody

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.”

Moved: Lord Ponsonby of Shulbrede#92682
NotMovedClause 3EditBillBody

at end insert— Criminal Procedure Rules may make provision about information that should be made available to the media and public in these circumstances.”

Moved: Lord Ponsonby of Shulbrede#92683

3rd reading — Lords 1

AgreedClause 49EditBillBody

leave out “passed without” and insert “the Bill for which would not require”

Moved: Lord Wolfson of Tredegar#92728