OpenLegislation

The Criminal Justice and Courts Act 2015 (Disapplication of Sections 88 and 89) Regulations 2017

S.I. 2017/100 · Made 2 February 2017

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Civil Proceedings, England And Wales

Made 2nd February 2017

Laid before Parliament 3rd February 2017

Coming into force 28th February 2017

The Lord Chancellor, in exercise of the powers conferred by section 90(1) and (2) of the Criminal Justice and Courts Act 2015f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2015 c. 2.

Contents

  1. 1Citation and commencement
  2. 2Disapplication of sections 88 and 89 of the Criminal Justice and Courts Act 2015
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Justice and Courts Act 2015 (Disapplication of Sections 88 and 89) Regulations 2017 and come into force on 28th February 2017.

2Disapplication of sections 88 and 89 of the Criminal Justice and Courts Act 2015

(1)

Sections 88 and 89 of the Criminal Justice and Courts Act 2015 do not apply in relation to judicial review proceedings which are—

(a)

an Aarhus Convention claim commenced on or after 28th February 2017; or

(b)

an appeal against a decision made in such a claim.

(2)

“Aarhus Convention claim” has the same meaning as in Section VII of Part 45 of the Civil Procedure Rules 1998f1.

Signature

Oliver Heald

Minister of State

Ministry of Justice

2nd February 2017

Explanatory note

(This note is not part of these Regulations)

Sections 88 and 89 of the Criminal Justice and Courts Act 2015 (c. 2) (“the 2015 Act”) make provision for costs capping orders, which are orders which limit or remove the liability of a party to judicial review proceedings (as defined in section 88(12) of the 2015 Act) to pay another party’s costs. Section 90 of the 2015 Act enables the Lord Chancellor by regulations to provide that sections 88 and 89 do not apply to judicial review proceedings which, in the Lord Chancellor’s opinion, have as their subject an issue relating entirely or partly to the environment. These Regulations provide that sections 88 and 89 do not apply to judicial review proceedings to which the separate costs protection regime in the Civil Procedure Rules 1998 (S.I. 1998/3132, as amended) for Aarhus Convention claims, and appeals from decisions in such claims, applies.