This division was performed remotely.
Lord Anderson of Ipswich moved, as an amendment to Motion G, at end to insert “, and do propose Amendment 33B in lieu—
Page 22, line 23, leave out subsection (8) and insert—
“(8) Where the court makes a statement of non-compliance it may grant any remedy that may be granted by it on a judicial review other than damages.
(8A) In deciding whether to grant such a remedy, the court must have regard to—
(a) the nature and circumstances of the non-compliance;
(b) any detriment to good administration that would result from granting or failing to grant a remedy;
(c) the interests or expectations of persons who would benefit from the grant of a remedy;
(d) the interests or expectations of persons who have relied on the failure by the public authority to comply with environmental law;
(e) any other matter that appears to the court to be relevant.””