Commons Sense

House of Commons · Public Bill Committee

- Sitting 10

08 December 2020

Proposed by Nadhim Zahawi Con Stratford-on-Avon

Justice & Courts

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Key points

  • The statement addresses the shortened period for judicial review of certain decisions under Clause 49 of the Bill, which limits claims to 28 days.
  • The Minister explains that the 28-day limit strikes a balance between timely certainty and allowing sufficient time for claims.
  • The Minister notes that exceptional circumstances can extend the 28-day period.

Issue summary

The statement addresses the shortened period for judicial review of certain decisions under Clause 49 of the Bill, which limits claims to 28 days.

Action requested

No specific action is requested; the Minister explains that the 28-day limit strikes a balance between timely certainty and allowing sufficient time for claims while noting that exceptional circumstances can extend this period. The Minister supports the current approach as it avoids prolonged uncertainty over screening decisions.

Key facts

  • Clause 49 concerns judicial review of certain decisions made under the Bill.
  • Judicial reviews must generally be sought within three months in England and Wales, but only promptly in Scotland and Northern Ireland.
  • The shortened period for claims is set at 28 days to avoid prolonged uncertainty over screening acquisitions or the functioning of the regime.
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