Criminal Justice and Courts Bill — Commons Reasons and Amendments — 9 Dec 2014 at 19:34

Motion C

Moved by Lord Faulks

That this House do not insist on its Amendments 103, 104, 105 and 106, to which the Commons have disagreed for their Reason 106A, but do propose Amendments 106B and 106C in lieu.

Lords Amendments

103: Clause 65, page 66, line 10, after “paragraph” insert “or, notwithstanding a failure to do so, the court in its discretion considers that it is nevertheless appropriate to grant the applicant leave to make the application for judicial review”

104: Clause 65, page 66, line 32, after “paragraph” insert “or, notwithstanding a failure to do so, the tribunal in its discretion considers that it is nevertheless appropriate to grant the applicant permission or leave to apply for relief”

105: Clause 66, page 67, line 1, leave out “must” and insert “may”

106: Clause 66, page 67, line 7, leave out “must” and insert “may”

Commons Reason

The Commons disagree to Lords Amendments Nos. 103, 104, 105 and 106 for the following reason-

106: Because it is appropriate to impose duties, rather than confer discretions, on the High Court, the Upper Tribunal and the Court of Appeal in connection with information about the financing of applications for judicial review.

Amendments in lieu

106B: Clause 65, page 66, line 21, at end insert-

“(3AA) Rules of court under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified.

This subsection does not apply to rules that specify information described in subsection (3A)(b).”

106C: Clause 65, page 66, line 43, at end insert-

“(3AA) Tribunal Procedure Rules under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified.

This subsection does not apply to rules that specify information described in subsection (3A)(b).”

Debate in Parliament | Source |