division_name: Environment Bill - <i>Report (2nd Day)</i> &#8212; Amendment 27
motion: <p class="italic" pid="d900.4/1" pwmotiontext="unrecognized">Moved by Lord Anderson of Ipswich</p>
  
  <p class="italic" pid="d900.4/2" pwmotiontext="unrecognized">27: Clause 38, page 23, line 8, leave out subsection (8) and insert&#8212;&#8220;(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 determining whether it would be in the interests of justice to grant a remedy, the court must have regard to&#8212;(a) the nature and consequences of the authority&#8217;s failure to comply with environmental law, and(b) the likelihood that the grant of a remedy would cause&#8212;(i) substantial hardship to, or substantial prejudice to the rights of, any person other than the authority, or(ii) any detriment to good administration.&#8221;Member&#8217;s explanatory statementThis amendment removes the restrictions on the discretion of a court to grant a remedy where the court has found there to be a breach of environmental law, while requiring the court to have regard to relevant factors. The bar on awarding damages to the OEP is retained.</p>
  
  <p pid="d900.5/2" pwmotiontext="yes">Ayes 153, Noes 143.</p>