Criminal Justice and Courts Act 2015

Road Traffic Offenders Act 1988 (c. 53)

8

The Road Traffic Offenders Act 1988 is amended as follows.

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10

In section 8 (duty to include date of birth and sex in written plea of guilty), after paragraph (a) (but before “or”) insert—

(aa) serves a written notification on the designated officer for a magistrates' court stating a desire to plead guilty and to be tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers),

.

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Pension Schemes Act 1993 (c. 48)

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• (1) Section 68 of the Pension Schemes Act 1993 (unpaid premiums: supplementary) is amended as follows.

• (2) In subsection (1), after “1980” insert “ or in proceedings conducted in accordance with section 16A of that Act ”.

• (3) After subsection (1) insert—

(1A) Where subsection (1) applies in relation to a person being tried in accordance with section 16A of the Magistrates' Courts Act 1980, the reference in subsection (1)(b) to the designated officer for the court is to be treated as including a reference to the designated officer for a magistrates' court specified in the single justice procedure notice in question.

Vehicle Excise and Registration Act 1994 (c. 22)

13

• (1) Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by absent accused and amount payable under section 30 or 36) is amended as follows.

• (2) After subsection (2) insert—

(2A) This section also applies if— (a) a person is convicted of an offence under section 29 or 35A while being tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers), and (b) it is proved to the satisfaction of the court, in the manner prescribed by Criminal Procedure Rules, that a relevant notice was served on the accused with the written charge.

• (3) In subsection (3)—

• (a) in paragraph (a), for “in a case within subsection (1)(a)” substitute “ if the offence is an offence under section 29 ”, and

• (b) in paragraph (b), for “in a case within subsection (1)(b)” substitute “ if the offence is an offence under section 35A ”.

• (4) In subsection (5), for “The court shall not so proceed” substitute “ Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4) ”.

• (5) After subsection (5) insert—

(6) Where this section applies by virtue of subsection (2A), the court shall not proceed as described in subsection (4) if the written notification served by the accused or the legal representative of the accused in accordance with the single justice procedure notice includes a statement that the amount specified in the relevant notice is inappropriate. (7) In subsection (6) “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003.

Criminal Justice and Public Order Act 1994 (c. 33)

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• (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc of witnesses, jurors and others) is amended as follows.

• (2) In subsection (9)—

• (a) for “ “public prosecutor”” substitute “ “relevant prosecutor” ”, and

• (b) after “ “requisition”” insert “ , “single justice procedure notice” ”.

• (3) In subsection (10)(a)(ia)—

• (a) for “public prosecutor” substitute “ relevant prosecutor ”, and

• (b) after “and requisition” insert “ or single justice procedure notice ”.

Drug Trafficking Act 1994 (c. 37)

15

• (1) Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs prosecutions) is amended as follows.

• (2) In subsection (6), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

• (3) In subsection (6A)(aa), for “public prosecutor” substitute “ relevant prosecutor ”.

Merchant Shipping Act 1995 (c. 21)

16

• (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.

• (2) In subsection (2)(a)(ia), for “public prosecutor” substitute “ relevant prosecutor ”.

• (3) In subsection (2A), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

Terrorism Act 2000 (c. 11)

17

• (1) In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is amended as follows.

• (2) In sub-paragraph (1)(aa), for “public prosecutor” substitute “ relevant prosecutor ”.

• (3) In sub-paragraph (2A), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

Proceeds of Crime Act 2002 (c. 29)

18

• (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.

• (2) In subsection (1)(aa)—

• (a) for “public prosecutor” substitute “ relevant prosecutor ”, and

• (b) after “and requisition” insert “ or single justice procedure notice ”.

• (3) In subsection (9)—

• (a) for “ “public prosecutor”” substitute “ “relevant prosecutor” ”, and

• (b) after “ “requisition”” insert “ , “single justice procedure notice” ”.

Education Act 2002 (c. 32)

19

• (1) Section 141F of the Education Act 2002 (restrictions on reporting alleged offences by teachers) is amended as follows.

• (2) In subsection (15)(b)—

• (a) for “public prosecutor” substitute “ relevant prosecutor ”, and

• (b) after “and requisition” insert “ or single justice procedure notice ”.

• (3) After subsection (15) insert—

(16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

Crime (International Co-operation) Act 2003 (c. 32)

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The Crime (International Co-operation) Act 2003 is amended as follows.

21

• (1) Section 4A (general requirements for service of written charge or requisition) is amended as follows.

• (2) In the heading, for “or requisition” substitute “ etc ”.

• (3) In subsection (1), after paragraph (b) insert

and (c) a single justice procedure notice (within the meaning of that section).

• (4) In subsection (2), for “The written charge or requisition” substitute “ Each of the documents ”.

• (5) In subsection (3), for “the written charge or requisition”, in both places, substitute “ the document ”.

• (6) In subsection (4), for “A written charge or requisition” substitute “ Such a document ”.

• (7) In subsection (5)—

• (a) after “a requisition” insert “ or single justice procedure notice ”, and

• (b) after “the requisition” insert “ or single justice procedure notice ”.

22

• (1) Section 4B (service of written charge or requisition otherwise than by post) is amended as follows.

• (2) In the heading, for “or requisition” substitute “ etc ”.

• (3) In subsection (1), for “or requisition” substitute “ , requisition or single justice procedure notice ”.

• (4) In subsection (2), for “the written charge or requisition” substitute “ the document ”.

• (5) In subsection (3)(b), for “the written charge or requisition” substitute “ the document ”.

Criminal Justice Act 2003 (c. 44)

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SCHEDULE 12

Rehabilitation of Offenders Act 1974 (c. 53)

1

In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—

(c) an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).

Magistrates’ Courts Act 1980 (c. 43)

2

The Magistrates' Courts Act 1980 is amended as follows.

3

In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—

(1A) A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying— (a) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or (b) a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.

4

In section 108 (right of appeal to the Crown Court), after subsection (4) insert—

(5) Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).

Prosecution of Offences Act 1985 (c. 23)

5

In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “ Defence, prosecution and third party ”.

Insolvency Act 1986 (c. 45)

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In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—

• (a) after “fine” insert “ imposed for an offence ”, and

• (b) after “a reference to” insert

— (a) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), whether on conviction or otherwise; (b)

.

Criminal Justice Act 1991 (c. 53)

7

In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from certain benefits), in the definition of “fine”, after paragraph (b) insert—

(ba) a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);

.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

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10

In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—

(ba) the Crown Court makes an order against a person under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge),

.

Proceeds of Crime Act 2002 (c. 29)

11

In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court's other powers), after “other than” insert “ an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or ”.

Criminal Justice Act 2003 (c. 44)

12

The Criminal Justice Act 2003 is amended as follows.

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14

In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—

• (a) after “against” insert

— (a)

, and

• (b) at the end insert

under this section, and (b) an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when dealing with the person under this section.

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SCHEDULE 13

Jurors and electronic communications devices

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After section 9 of the Coroners and Justice Act 2009 insert—

(9A) (1) A senior coroner holding an inquest with a jury may order the members of the jury to surrender any electronic communications devices for a period. (2) An order may be made only if the senior coroner considers that— (a) the order is necessary or expedient in the interests of justice, and (b) the terms of the order are a proportionate means of safeguarding those interests. (3) An order may only specify a period during which the members of the jury are— (a) in the building in which the inquest is being heard, (b) in other accommodation provided at the senior coroner's request, (c) visiting a place in accordance with arrangements made for the purposes of the inquest, or (d) travelling to or from a place mentioned in paragraph (b) or (c). (4) An order may be made subject to exceptions. (5) It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section. (6) Proceedings for a contempt of court under this section may only be instituted on the motion of a senior coroner having jurisdiction to deal with it. (7) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003). (9B) (1) This section applies where an order has been made under section 9A in respect of the members of a jury. (2) A coroners' officer must, if ordered to do so by a senior coroner, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order. (3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear. (4) If the search reveals a device which is required by the order to be surrendered— (a) the officer must ask the juror to surrender the device, and (b) if the juror refuses to do so, the officer may seize it. (5) Subject to subsection (6), a coroners' officer may retain an article which was surrendered or seized under subsection (4) until the end of the period specified in the order. (6) If a coroners' officer reasonably believes that the device may be evidence of, or in relation to, an offence, the officer may retain it until the later of— (a) the end of the period specified in the order, and (b) the end of such period as will enable the officer to draw it to the attention of a constable. (7) A coroners' officer may not retain a device under subsection (6)(b) for a period of more than 24 hours from the time when it was surrendered or seized. (8) The Lord Chancellor may by regulations make provision as to— (a) the provision of written information about coroners' officers' powers of retention to persons by whom devices have been surrendered, or from whom devices have been seized, under this section, (b) the keeping of records about devices which have been surrendered or seized under this section, (c) the period for which unclaimed devices have to be kept, and (d) the disposal of unclaimed devices at the end of that period. (9) In this section— - “electronic communications device” has the same meaning as in section 9A; - “unclaimed device” means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it.

2

• (1) Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

• (2) In section 54A (powers in relation to jurors' electronic communications devices) (inserted by section 70 of this Act)—

• (a) in subsection (1), after “1974” insert “ or section 9A of the Coroners and Justice Act 2009 ”,

• (b) in subsection (2), after “judge” insert “ or a senior coroner ”, and

• (c) for subsection (5) substitute—

(5) In this section— - “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003); - “senior coroner” has the same meaning as in the Coroners and Justice Act 2009.

• (3) In section 55(1A) (powers to retain articles surrendered or seized) (inserted by section 70 of this Act), after “1974” insert “ or section 9A of the Coroners and Justice Act 2009 ”.

Offences relating to research by jurors etc

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Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to jurors at inquests) is amended as follows.

4

Before paragraph 1 insert— “ Serving while disqualified, failure to attend etc ”.

5

After paragraph 5 insert—

(5A) (1) It is an offence for a member of a jury at an inquest to research the case during the inquest period, subject to the exceptions in sub-paragraphs (6) and (7). (2) A person researches a case if (and only if) the person— (a) intentionally seeks information, and (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the inquest. (3) The ways in which a person may seek information include— (a) asking a question, (b) searching an electronic database, including by means of the internet, (c) visiting or inspecting a place or object, (d) conducting an experiment, and (e) asking another person to seek the information. (4) Information relevant to the inquest includes information about— (a) a person involved in events relevant to the inquest, (b) the senior coroner dealing with the inquest, (c) any other person who is involved in the inquest, whether as a lawyer, a witness or otherwise, (d) the law relating to the case, (e) the law of evidence, and (f) procedure at inquests. (5) “The inquest period”, in relation to a member of a jury at an inquest, is the period— (a) beginning when the person is sworn to inquire into the case, and (b) ending when the senior coroner discharges the jury or, if earlier, when the senior coroner discharges the person. (6) It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case. (7) It is not an offence under this paragraph for a person— (a) to attend proceedings at the inquest; (b) to seek information from the senior coroner dealing with the case; (c) to do anything which the senior coroner dealing with the case directs or authorises the person to do; (d) to seek information from another member of the jury, unless the person knows or ought reasonably to know that the other member of the jury contravened this paragraph in the process of obtaining the information; (e) to do anything else which is reasonably necessary in order for the jury to make a determination or finding in the case. (8) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (9) Proceedings for an offence under this paragraph may only be instituted by or with the consent of the Attorney General. (5B) (1) It is an offence for a member of a jury at an inquest intentionally to disclose information to another member of the jury during the inquest period if— (a) the member contravened paragraph 5A in the process of obtaining the information, and (b) the information has not been provided at the inquest. (2) Information has been provided at the inquest if (and only if) it has been provided as part of— (a) evidence presented at the inquest, or (b) other information provided to the jury or a juror during the inquest period by, or with the permission of, the senior coroner dealing with the case. (3) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (4) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General. (5) In this paragraph, “the inquest period” has the same meaning as in paragraph 5A. (5C) (1) It is an offence for a member of a jury at an inquest intentionally to engage in prohibited conduct during the inquest period, subject to the exceptions in sub-paragraphs (4) and (5). (2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a determination or finding otherwise than on the basis of the evidence presented at the inquest. (3) An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct. (4) It is not an offence under this paragraph for a member of the jury to research the case (as defined in paragraph 5A(2) to (4)). (5) It is not an offence under this paragraph for a member of the jury to disclose information to another member of the jury. (6) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (7) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General. (8) In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.

Offence relating to jury’s deliberations

6

In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests), after Part 1 insert—

(5D) (1) It is an offence for a person intentionally— (a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in proceedings at an inquest, or (b) to solicit or obtain such information, subject to the exceptions in paragraphs 5E to 5G. (2) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (3) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General. (5E) (1) It is not an offence under paragraph 5D for a person to disclose information in the inquest mentioned in paragraph 5D(1) for the purposes of enabling the jury to make findings or a determination or in connection with the delivery of findings or a determination. (2) It is not an offence under paragraph 5D for the senior coroner dealing with that inquest to disclose information— (a) for the purposes of dealing with the inquest, or (b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a juror in the inquest. (3) It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation. (4) It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the inquest mentioned in paragraph 5D(1). (5) In this paragraph— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force; 2. the Attorney General; 3. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph. (5F) (1) It is not an offence under paragraph 5D for a person to disclose information to a person listed in sub-paragraph (2) if— (a) the disclosure is made after the jury at the inquest mentioned in paragraph 5D(1) has been discharged, and (b) the person making the disclosure reasonably believes that— (i) an offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with that inquest, or (ii) conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988. (2) Those persons are— (a) a member of a police force; (b) the Attorney General's Office; (c) a judge of the High Court; (d) the Chief Coroner; (e) the senior coroner who dealt with the inquest mentioned in paragraph 5D(1); (f) a coroner's officer or a member of staff assisting a senior coroner who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (e). (3) It is not an offence under paragraph 5D for a member of a police force to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to a person listed in sub-paragraph (2), provided that the disclosure does not involve publishing the information. (4) It is not an offence under paragraph 5D for the Attorney General's Office or a judge of the High Court to disclose information for the purposes of an investigation by a relevant investigator into— (a) whether an offence or contempt of court has been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1), or (b) whether conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988. (5) It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (4) has been made to disclose information for the purposes of the investigation. (6) It is not an offence under paragraph 5D for a person to disclose information in evidence in— (a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1), (b) proceedings on an application to the High Court under section 13(1)(b) of the Coroners Act 1988 in connection with the inquest mentioned in paragraph 5D(1) where an allegation relating to conduct of or in relation to a juror forms part of the grounds for the application, or (c) proceedings on any further appeal, reference or investigation arising out of proceedings mentioned in paragraph (a) or (b). (7) It is not an offence under paragraph 5D for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (6)(a) to (c). (8) It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (6). (9) In this paragraph— - “the Attorney General's Office” means the Attorney General, the Solicitor General or a member of staff of the Attorney General's Office; - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force; 2. the Attorney General; 3. the Criminal Cases Review Commission; 4. the Crown Prosecution Service; 5. a senior coroner, area coroner or assistant coroner; 6. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (10) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph. (5G) (1) It is not an offence under paragraph 5D to solicit a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8). (2) It is not an offence under paragraph 5D to obtain information— (a) by means of a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8), or (b) from a document that is available to the public or a section of the public.

Saving for contempt of court

7

In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests: miscellaneous), at the end insert—

(11) Nothing in paragraph 5A, 5B or 5C affects what constitutes contempt of court at common law.

SCHEDULE 14

PART 1 — Offences

1

The Armed Forces Act 2006 is amended as follows.

2

In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163 insert—

(163A) Schedule 2A makes provision about offences relating to members of the Court Martial and their deliberations.

3

After Schedule 2 insert—

SCHEDULE 2A (1) (1) In this Schedule, “lay member” means a member of the Court Martial other than a judge advocate. (2) References in this Schedule to a member, or lay member, of the Court Martial are to any member, or lay member, whether or not the person is a person subject to service law or a civilian subject to service discipline. (3) In this Schedule, “the trial period”, in relation to a person specified as a lay member of the Court Martial for proceedings, is the period— (a) beginning when the person is sworn to try the case, and (b) ending when the proceedings terminate or, if earlier, when the lay member is discharged by the judge advocate. (2) (1) It is an offence for a lay member of the Court Martial for proceedings to research the case that is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs (5) and (6). (2) A person researches a case if (and only if) the person— (a) intentionally seeks information, and (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the case. (3) The ways in which a person may seek information include— (a) asking a question, (b) searching an electronic database, including by means of the internet, (c) visiting or inspecting a place or object, (d) conducting an experiment, and (e) asking another person to seek the information. (4) Information relevant to the case includes information about— (a) a person involved in events relevant to the case, (b) the judge advocate for the proceedings, (c) any other person involved in the trial, whether as a lawyer, a witness or otherwise, (d) the law relating to the case, (e) the law of evidence, and (f) Court Martial procedure. (5) It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case. (6) It is not an offence under this paragraph for a person— (a) to attend the proceedings in question; (b) to seek information from the judge advocate for the proceedings; (c) to seek information from the court administration officer or from a member of the Military Court Service; (d) to do anything which the Judge Advocate General directs or authorises the person to do; (e) to do anything which the judge advocate dealing with the issue directs or authorises the person to do; (f) to seek information from another lay member of the Court Martial for the proceedings, unless the person knows or ought reasonably to know that the other lay member contravened this paragraph in the process of obtaining the information; (g) to do anything else which is reasonably necessary in order for the Court Martial to make a finding on a charge or pass a sentence. (7) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. (3) (1) It is an offence for a lay member of the Court Martial for proceedings intentionally to disclose information to another lay member of that court for the proceedings during the trial period if— (a) the lay member contravened paragraph 2 in the process of obtaining the information, and (b) the information has not been provided to the Court Martial during the course of the proceedings. (2) Information has been provided to the Court Martial during the course of the proceedings if (and only if) it has been provided as part of— (a) evidence presented in the proceedings, (b) information provided to a lay member or the lay members during the trial period by the court administration officer or a member of the Military Court Service, or (c) other information provided to a lay member or the lay members during the trial period by, or with the permission of, the judge advocate dealing with the issue. (3) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. (4) (1) It is an offence for a lay member of the Court Martial for proceedings intentionally to engage in prohibited conduct during the trial period, subject to the exceptions in sub-paragraphs (4) and (5). (2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a finding on a charge or a decision about a sentence otherwise than on the basis of the evidence presented in the proceedings. (3) An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct. (4) It is not an offence under this paragraph for a person to research the case that is the subject of the proceedings (as defined in paragraph 2(2) to (4)). (5) It is not an offence under this paragraph for a person to disclose information to another lay member of the Court Martial. (6) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. (5) (1) It is an offence for a person intentionally— (a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of the Court Martial for proceedings in the course of their deliberations, or (b) to solicit or obtain such information, subject to the exceptions in paragraphs 6 to 8. (2) Where a person guilty of an offence under this paragraph— (a) was a member of the Court Martial for the proceedings, or (b) at the time the offence was committed, was a person subject to service law or a civilian subject to service discipline, the person is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years. (3) Where any other person is guilty of an offence under this paragraph— (a) the person is liable, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and (b) proceedings for the offence may not be instituted except by or with the consent of the Attorney General. (4) The Crown Court has jurisdiction to try an offence under this paragraph committed in England and Wales other than by a person described in sub-paragraph (2), including an offence committed in respect of deliberations of members of the Court Martial sitting outside England and Wales. (6) (1) It is not an offence under paragraph 5 for a person to disclose information in the proceedings mentioned in paragraph 5(1)— (a) for the purposes of enabling the Court Martial to make a finding on a charge or pass a sentence, or (b) in connection with the delivery of the findings or sentence. (2) It is not an offence under paragraph 5 for the judge advocate for those proceedings to disclose information— (a) for the purposes of dealing with the proceedings, or (b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a lay member in the proceedings mentioned in paragraph 5(1). (3) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation. (4) It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the proceedings mentioned in paragraph 5(1). (5) In this paragraph— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force listed in section 375; 2. the Attorney General; 3. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph. (7) (1) It is not an offence under paragraph 5 for a person to disclose information to a person listed in sub-paragraph (2) if— (a) the disclosure is made after the proceedings mentioned in paragraph 5(1) terminate, and (b) the person making the disclosure reasonably believes that— (i) an offence or contempt of court has been, or may have been, committed by or in relation to a lay member in connection with those proceedings, or (ii) conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (2) Those persons are— (a) a member of a police force listed in section 375; (b) a judge of the Court of Appeal; (c) a judge of the Court Martial Appeal Court; (d) the registrar of criminal appeals; (e) the judge advocate who dealt with the proceedings mentioned in paragraph 5(1); (f) the court administration officer for the Court Martial; (g) a member of the Military Court Service who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (f). (3) It is not an offence under paragraph 5 for a member of a police force listed in section 375 to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to— (a) a judge of the Court of Appeal, (b) a judge of the Court Martial Appeal Court, or (c) the registrar of criminal appeals, provided that the disclosure does not involve publishing the information. (4) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of an investigation by a relevant investigator into— (a) whether an offence or contempt of court has been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1), or (b) whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (5) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of enabling or assisting— (a) a person who was the defendant in the proceedings mentioned in paragraph 5(1), or (b) a legal representative of such a person, to consider whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (6) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (4) or (5) has been made to disclose information for the purposes of the investigation or consideration in question. (7) It is not an offence under paragraph 5 for a person to disclose information in evidence in— (a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1), (b) proceedings on an appeal, or an application for leave to appeal, against a decision in the proceedings mentioned in paragraph 5(1) where an allegation relating to conduct of or in relation to a lay member forms part of the grounds of appeal, or (c) proceedings on any further appeal or reference arising out of proceedings mentioned in paragraph (a) or (b). (8) It is not an offence under paragraph 5 for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (7)(a) to (c). (9) It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (7). (10) In this paragraph— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force listed in section 375; 2. the Attorney General; 3. the Criminal Cases Review Commission; 4. the Crown Prosecution Service; 5. the Service Prosecuting Authority; 6. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (11) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph. (8) (1) It is not an offence under paragraph 5 to solicit a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9). (2) It is not an offence under paragraph 5 to obtain information— (a) by means of a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9), or (b) from a document that is available to the public or a section of the public. (9) Nothing in paragraph 2, 3 or 4 affects what constitutes contempt of court at common law or what may be certified under section 311.

PART 2 — Further amendments

4

The Armed Forces Act 2006 is amended as follows.

5

In section 50(2) (jurisdiction of the Court Martial: service offences), after paragraph (f) insert—

(fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay member of the Court Martial); (fb) an offence under paragraph 5 of that Schedule (disclosing information about members' deliberations etc) committed by a person described in sub-paragraph (2) of that paragraph;

.

6

In section 51(3) (jurisdiction of the Service Civilian Court: excluded offences), after paragraph (c) insert—

(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A (offences relating to members of the Court Martial);

.

7

In section 373 (orders, regulations and rules), after subsection (1) insert—

(1A) The powers conferred by paragraphs 6 and 7 of Schedule 2A on the Lord Chancellor to make regulations are exercisable by statutory instrument.

8

In Schedule 2 (offences required to be referred to a service police force or the Director of Service Prosecutions under sections 113 and 116), at the end insert—

(14) An offence under paragraph 4 of Schedule 2A (lay member of the Court Martial engaging in prohibited conduct). (15) An offence under paragraph 5 of Schedule 2A (disclosing information about the deliberations of members of the Court Martial) committed by a person described in sub-paragraph (2) of that paragraph.

9

The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the Court Martial of appeals from Service Civilian Court) to Part 7 of that Act includes the provisions inserted in that Part by this Schedule.

SCHEDULE 15

Children and Young Persons Act 1933 (c. 12)

1

After Schedule 1 to the Children and Young Persons Act 1933 insert—

SCHEDULE 1A (1) (1) This paragraph applies where a service provider is established in England and Wales (a “domestic service provider”). (2) Section 39 applies to a domestic service provider who— (a) includes matter in a publication in an EEA state other than the United Kingdom, and (b) does so in the course of providing information society services, as well as to a person who includes matter in a publication in England and Wales. (3) In the case of an offence under section 39, as it applies to a domestic service provider by virtue of sub-paragraph (2)— (a) proceedings for the offence may be taken at any place in England and Wales, and (b) the offence may for all incidental purposes be treated as having been committed at any such place. (4) Nothing in this paragraph affects the operation of paragraphs 3 to 5. (2) (1) This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”). (2) Proceedings for an offence under section 39 may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied. (3) The derogation condition is satisfied where the institution of proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (4) “The public interest objective” means the pursuit of public policy. (3) (1) A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in— (a) the provision of access to a communication network, or (b) the transmission in a communication network of information provided by a recipient of the service, if the condition in sub-paragraph (2) is satisfied. (2) The condition is that the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (3) For the purposes of sub-paragraph (1)— (a) the provision of access to a communication network, and (b) the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. (4) (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. (2) The service provider is not capable of being guilty of an offence under section 39 in respect of the automatic, intermediate and temporary storage of information so provided, if— (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and (b) the condition in sub-paragraph (3) is satisfied. (3) The condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) where sub-paragraph (4) applies, expeditiously removes the information or disables access to it. (4) This sub-paragraph applies if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (5) (1) A service provider is not capable of being guilty of an offence under section 39 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied. (2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 39. (3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. (4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (6) (1) This paragraph applies for the purposes of this Schedule. (2) “Publication” has the meaning given in section 39. (3) “Information society services”— (a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and (b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”, and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (4) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. (5) “Service provider” means a person providing an information society service. (6) For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales or an EEA state— (a) a service provider is established in England and Wales or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in England and Wales or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider‘s activities relating to that service.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

2

After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 insert—

SCHEDULE 2A (1) (1) This paragraph applies where a service provider is established in England and Wales, Scotland or Northern Ireland (a “domestic service provider”). (2) Section 49, so far as it relates to a publication falling within subsection (1A)(a) of that section, applies to a domestic service provider who— (a) includes matter in a publication in an EEA state other than the United Kingdom, and (b) does so in the course of providing information society services, as well as to a person who includes matter in a publication in England and Wales, Scotland or Northern Ireland. (3) In the case of an offence under section 49, as it applies to a domestic service provider by virtue of sub-paragraph (2)— (a) proceedings for the offence may be taken at any place in England and Wales, Scotland or Northern Ireland, and (b) the offence may for all incidental purposes be treated as having been committed at any such place. (4) Section 49, so far as it relates to a publication falling within subsection (1A)(b) of that section, applies to a domestic service provider established in England and Wales who— (a) includes matter in a publication in an EEA state other than the United Kingdom, and (b) does so in the course of providing information society services, as well as to a person who includes matter in a publication in England and Wales. (5) In the case of an offence under section 49, as it applies to a domestic service provider established in England and Wales by virtue of sub-paragraph (4)— (a) proceedings for the offence may be taken at any place in England and Wales, and (b) the offence may for all incidental purposes be treated as having been committed at any such place. (6) Nothing in this paragraph affects the operation of paragraphs 3 to 5. (2) (1) This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”). (2) Proceedings for an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied. (3) The derogation condition is satisfied where the institution of proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (4) “The public interest objective” means the pursuit of public policy. (3) (1) A service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in respect of anything done in the course of providing so much of an information society service as consists in— (a) the provision of access to a communication network, or (b) the transmission in a communication network of information provided by a recipient of the service, if the condition in sub-paragraph (2) is satisfied. (2) The condition is that the service provider does not— (a) initiate the transmission, (b) select the recipient of the transmission, or (c) select or modify the information contained in the transmission. (3) For the purposes of sub-paragraph (1)— (a) the provision of access to a communication network, and (b) the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. (4) (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. (2) The service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in respect of the automatic, intermediate and temporary storage of information so provided, if— (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and (b) the condition in sub-paragraph (3) is satisfied. (3) The condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) where sub-paragraph (4) applies, expeditiously removes the information or disables access to it. (4) This sub-paragraph applies if the service provider obtains actual knowledge that— (a) the information at the initial source of the transmission has been removed from the network, (b) access to it has been disabled, or (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information. (5) (1) A service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied. (2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 45A(2). (3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. (4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (6) (1) This paragraph applies for the purposes of this Schedule. (2) “Information society services”— (a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and (b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”, and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). (3) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. (4) “Service provider” means a person providing an information society service. (5) For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales, Scotland, Northern Ireland or an EEA state— (a) a service provider is established in England and Wales, Scotland, Northern Ireland or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in England and Wales, Scotland, Northern Ireland or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

SCHEDULE 16

Town and Country Planning Act 1990 (c. 8)

1

Part 12 of the Town and Country Planning Act 1990 (validity) is amended as follows.

2

In section 284 (validity of development plans and certain orders, decisions and directions)—

• (a) in subsection (1), after paragraph (f) insert

or— (g) a relevant costs order made in connection with an order mentioned in subsection (2) or an action mentioned in subsection (3),

, and

• (b) after subsection (3) insert—

(3A) In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.

3

• (1) Section 287 (proceedings for questioning validity of development plans and certain schemes and orders) is amended as follows.

• (2) After subsection (2) insert—

(2A) An application under this section may not be made without the leave of the High Court. (2B) An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

• (3) After subsection (3) insert—

(3ZA) An interim order has effect— (a) if made on an application for leave, until the final determination of— (i) the question of whether leave should be granted, or (ii) where leave is granted, the proceedings on any application under this section made with such leave; (b) in any other case, until the proceedings are finally determined.

• (4) Omit subsections (3C) and (4).

• (5) In subsection (5), for “subsection (4)” substitute “ subsection (2B) ”.

• (6) After subsection (5) insert—

(5A) References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).

4

• (1) Section 288 (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.

• (2) After subsection (1) insert—

(1A) If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds— (a) that the relevant costs order is not within the powers of this Act, or (b) that any of the relevant requirements have not been complied with in relation to the order.

• (3) In subsection (2)—

• (a) after “subsection (1)” (in the first place) insert “ or (1A) ”,

• (b) after “applies,” (in the second place) insert “ or with any relevant costs order, ”, and

• (c) after “subsection (1)” (in the second place) insert “ or (1A) (as the case may be) ”.

• (4) Omit subsection (3).

• (5) After subsection (4) insert—

(4A) An application under this section may not be made without the leave of the High Court. (4B) An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after— (a) in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect; (b) in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed; (c) in the case of an application relating to an action to which this section applies, the date on which the action is taken; (d) in the case of an application relating to a relevant costs order, the date on which the order is made. (4C) When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave.

• (6) In subsection (5)—

• (a) in paragraph (a), for “the order or action” substitute “ any order or action ”, and

• (b) in paragraph (b), for “the order or action in question” substitute “ any such order or action ”.

• (7) For subsection (6) substitute—

(6) The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).

• (8) In subsection (7), after “subsection” insert “ (4C) or ”.

• (9) For subsection (9) substitute—

(9) In this section— - “relevant costs order” has the same meaning as in section 284; - “the relevant requirements”— 1. in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to that order or action; 2. in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the relevant costs order.

• (10) After subsection (10) insert—

(11) References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

5

In section 62 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (validity of certain orders and decisions)—

• (a) in subsection (1), after paragraph (b) insert

or (c) a relevant costs order made in connection with any such order or decision,

, and

• (b) after subsection (2) insert—

(2A) In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.

6

• (1) Section 63 of that Act (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.

• (2) In subsection (1), for “section 62(1)” substitute “ section 62(1)(a) or (b) ”.

• (3) After subsection (1) insert—

(1A) If a person is aggrieved by a relevant costs order made in connection with an order or decision mentioned in section 62(1)(a) or (b) and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds— (a) that the relevant costs order is not within the powers of this Act, or (b) that any of the relevant requirements have not been complied with in relation to the order.

• (4) In subsection (2)—

• (a) after “subsection (1)” insert “ or (1A) ”,

• (b) for “such order or decision” substitute “ order or decision mentioned in section 62(1) ”, and

• (c) for “those grounds” substitute “ the grounds mentioned in subsection (1) or (1A) (as the case may be) ”.

• (5) For subsection (3) substitute—

(3) An application under this section may not be made without the leave of the High Court. (3A) An application for leave for the purposes of subsection (3) must be made before the end of the period of six weeks beginning with the day after— (a) in the case of an application relating to an order under section 23 that takes effect under section 25 without confirmation, the date on which the order takes effect; (b) in the case of an application relating to any other order mentioned in section 62(1)(a), the date on which the order is confirmed; (c) in the case of an application relating to a decision mentioned in section 62(1)(b) or a relevant costs order, the date on which the decision or order is made. (3B) When considering whether to grant leave for the purposes of subsection (3), the High Court may make an interim order suspending the operation of any order or decision the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave.

• (6) In subsection (4)—

• (a) after “this section” insert “ (other than an application for leave) ”,

• (b) in paragraph (a), for “the order or decision” substitute “ any order or decision ”, and

• (c) in paragraph (b)(i), for “the order or decision” substitute “ any such order or decision ”.

• (7) For subsection (6) substitute—

(6) In this section— - “relevant costs order” has the same meaning as in section 62; - “the relevant requirements”— 1. in relation to an order or decision mentioned in section 62(1)(a) or (b), means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to the order or decision; 2. in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the order.

Planning (Hazardous Substances) Act 1990 (c. 10)

7

• (1) Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications) is amended as follows.

• (2) In subsections (1) and (2), omit “within six weeks from the date on which the decision is taken”.

• (3) After subsection (2) insert—

(2A) An application under this section may not be made without the leave of the High Court. (2B) An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the date on which the decision to which the application relates is taken. (2C) When considering whether to grant leave for the purposes of subsection (2A), the High Court may by interim order suspend the operation of the decision the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave.

• (4) In subsection (3), after “section” insert “ (other than an application for leave) ”.

Planning and Compulsory Purchase Act 2004 (c. 5)

8

• (1) Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of strategies, plans and documents) is amended as follows.

• (2) After subsection (3) insert—

(3A) An application may not be made under subsection (3) without the leave of the High Court. (3B) An application for leave for the purposes of subsection (3A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

• (3) Omit subsection (4).

• (4) After subsection (5) insert—

(5A) An interim order has effect— (a) if made on an application for leave, until the final determination of— (i) the question of whether leave should be granted, or (ii) where leave is granted, the proceedings on any application under this section made with such leave; (b) in any other case, until the proceedings are finally determined.

• (5) Omit subsection (8).

Maximum sentence for certain offences to be life imprisonment

Schedule 15B offences

Parole Board release when serving extended sentences

Minor amendments and transitional cases

Minor amendments and transitional cases

Offence of remaining unlawfully at large after recall

Minor amendments and transitional cases

Drugs for which prisoners etc may be tested

Restrictions on use of cautions

Alternatives to prosecution: rehabilitation of offenders in Scotland

Sending letters etc with intent to cause distress or anxiety

Possession of pornographic images of rape and assault by penetration

Instituting proceedings by written charge

Instituting proceedings by written charge

Youth cautions and conditional cautions: involvement of appropriate adults

Instituting proceedings: further provision

Referral orders: extension on further conviction

Referral orders: revocation on further conviction

Appeals from the Upper Tribunal to the Supreme Court

Wasted costs in certain civil proceedings

Juries at inquests

Reporting restrictions in proceedings other than criminal proceedings

Reporting restrictions in proceedings other than criminal proceedings

Criminal courts charge

Duty to review criminal courts charge

Reporting restrictions: information society services

Appeals from the Upper Tribunal to the Supreme Court

Wasted costs in certain civil proceedings

Use of information about financial resources

Research by jurors

Sharing research with other jurors

Juries at inquests

Reporting restrictions in proceedings other than criminal proceedings

Reporting restrictions: information society services

The supplementary panel of the Supreme Court

Minor amendments

Likelihood of substantially different outcome for applicant

Financial provision

Power to make consequential and supplementary provision etc

Introduction

Sentence

Offences of particular concern

Release on licence to be directed by Parole Board

Armed Forces Act 2006 (c. 52)

Application of new provisions about special custodial sentences

Detention in a young offender institution

Road Traffic Offenders Act 1988 (c. 53)

Crime (Sentences) Act 1997 (c. 43)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice Act 2003 (c. 44)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Crime (Sentences) Act 1997 (c. 43)

Criminal Justice and Court Services Act 2000 (c. 43)

Criminal Justice Act 2003 (c. 44)

Mental Health Act 1983 (c. 20)

Criminal Justice Act 2003 (c. 44)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Offender Management Act 2007 (c. 21)

Coroners and Justice Act 2009 (c. 25)

Equality Act 2010 (c. 15)

Excluded health care

Use “for an education or childcare purpose”

Educational institutions

Definitions

Mental Health Act 1983 (c. 20)

Criminal Justice Act 1988 (c. 33)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice Act 2003 (c. 44)

Coroners and Justice Act 2009 (c. 25)

Road Traffic Act 1988 (c. 52)

Road Traffic Offenders Act 1988 (c. 53)

Crime (International Co-operation) Act 2003 (c. 32)

Criminal Justice Act 2003 (c. 44)

Coroners and Justice Act 2009 (c. 25)

Crime (International Co-operation) Act 2003 (c. 32)

Coroners and Justice Act 2009 (c. 25)

Transitional period

Disapplication of duties and powers to give notices during the transitional period

Application of duties and powers to give notices after the transitional period

Saving for pre-1 December 2014 cases

England and Wales service providers: extension of liability

Non-UK service providers: restriction on institution of proceedings

Exceptions for mere conduits

Exception for caching

Exception for hosting

Interpretation

Prison Act 1952 (c. 52)

Criminal Justice Act 1961 (c. 39)

Criminal Justice Act 1982 (c. 48)

Police and Criminal Evidence Act 1984 (c. 60)

Water Industry Act 1991 (c. 56)

Prisoners (Return to Custody) Act 1995 (c. 16)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Children Act 2004 (c. 31)

Childcare Act 2006 (c. 21)

Education and Inspections Act 2006 (c. 40)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

Offender Management Act 2007 (c. 21)

Policing and Crime Act 2009 (c. 26)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Power to contract out

Running a contracted-out secure college

Leases and tenancies of land

Principal

Monitor

Officers

Officers who perform custodial duties

Intervention by Secretary of State

Obstruction etc of secure college custody officers

Assault of secure college custody officers

Wrongful disclosure of information relating to persons in youth detention accommodation

Meaning of “secure college custody officer”

Issue of certificate

Suspension of certificate

Revocation of certificate

Power to contract out functions at directly managed secure college

Powers of officers carrying out contracted-out functions

Obstruction etc of secure college custody officers

Assault of secure college custody officers

Wrongful disclosure of information relating to persons in youth detention accommodation

Supplementary

Prison Act 1952 (c. 52)

Criminal Justice Act 1967 (c. 80)

Firearms Act 1968 (c. 27)

Criminal Justice Act 1988 (c. 33)

Private Security Industry Act 2001 (c. 12)

Children Act 2004 (c. 31)

Offender Management Act 2007 (c. 21)

Criminal Law Act 1977 (c. 45)

Magistrates' Courts Act 1980 (c. 43)

Prosecution of Offences Act 1985 (c. 23)

Road Traffic Offenders Act 1988 (c. 53)

Pension Schemes Act 1993 (c. 48)

Vehicle Excise and Registration Act 1994 (c. 22)

Criminal Justice and Public Order Act 1994 (c. 33)

Drug Trafficking Act 1994 (c. 37)

Merchant Shipping Act 1995 (c. 21)

Terrorism Act 2000 (c. 11)

Proceeds of Crime Act 2002 (c. 29)

Education Act 2002 (c. 32)

Crime (International Co-operation) Act 2003 (c. 32)

Criminal Justice Act 2003 (c. 44)

Rehabilitation of Offenders Act 1974 (c. 53)

Magistrates' Courts Act 1980 (c. 43)

Prosecution of Offences Act 1985 (c. 23)

Insolvency Act 1986 (c. 45)

Criminal Justice Act 1991 (c. 53)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Proceeds of Crime Act 2002 (c. 29)

Criminal Justice Act 2003 (c. 44)

Jurors and electronic communications devices

Offences relating to research by jurors etc

Offence relating to jury's deliberations

Saving for contempt of court

Children and Young Persons Act 1933 (c. 12)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

Town and Country Planning Act 1990 (c. 8)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

Planning (Hazardous Substances) Act 1990 (c. 10)

Planning and Compulsory Purchase Act 2004 (c. 5)

Editorial notes

[^c2238602]: S. 31 partly in force at Royal Assent; s. 31(6)(b) in force at Royal Assent, see s. 95(1)(4)

[^key-6deee7d8ce29e83161954445140b9166]: S. 38 in force at 20.3.2015 for specified purposes by S.I. 2015/778, art. 2(1)(a)(2)

[^key-187ba8af0d652ea11ea84262e77db00e]: S. 39 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(b)

[^key-73723e3fefcfa5714346eb60e004fa9a]: Sch. 9 para. 1 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-7f112b9b8c69c325bdfa4155279b0c2b]: Sch. 9 para. 2 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-041b7de89835b2409385eb5eaef3c90e]: Sch. 9 para. 3 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-5378aa30847a7e25fa9ad6725175ce31]: Sch. 9 para. 4 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-1d840c8e4c25e5044ddd5023bbf4fd88]: Sch. 9 para. 5 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-d48648bf85100f91700c2222186dc7cc]: Sch. 9 para. 6 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-03cc401583ae787af964acc3a2207165]: Sch. 9 para. 7 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-2150664a297034025c62cc5765e190df]: Sch. 9 para. 8 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-79cf589310b560fd428af402cc60eacc]: Sch. 9 para. 9 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-8e113799e0f0eae207ca5b8a0ce3d649]: Sch. 9 para. 10 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-e4894681b19eb6d949d4ca23f53012c8]: Sch. 9 para. 11 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-bae7057a438b40d572d5e51576c33909]: Sch. 9 para. 13 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-d0292fc5e15e341e2fdf9127fc28a1bc]: Sch. 9 para. 14 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-e90f94b177b4c2e7aaa81165220617e2]: Sch. 9 para. 15 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-6984298ff2a719f5a9bb6e6ccd798185]: Sch. 9 para. 16 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-1f22085636b349d86b31d780f1af3a29]: Sch. 9 para. 17 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-0f730e15d139ea2ac77e57f1a9dc16e1]: Sch. 9 para. 18 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-bb693e913b4067b4a9827a645e42c3b9]: Sch. 9 para. 19 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-d5af330c7dd2dda7670e10130e947553]: Sch. 9 para. 20 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-dfb9d4ddd740844a126a6b2173bbaf94]: Sch. 9 para. 21 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)

[^key-eab5ded7043dd6659b9e681b54b18d6e]: Sch. 9 para. 22 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)