Localism Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Fifth Marshalled List]

After Clause 31

LORD BERKELEY

[As an amendment to Amendment 195ZAH]

195ZAHA*

Line 55, at end insert—

“(g) a rail or inland waterway provider”

Clause 103

BARONESS HANHAM

204GA*

Page 82, line 33, leave out from “section” to end of line 38 and insert “205(2) (requirement to aim to ensure that overall purpose of the levy is to ensure that costs of providing infrastructure to support development of an area can be funded by owners or developers of land)—

(a) for “providing infrastructure to support” substitute “supporting”, and

(b) after “land” insert “in a way that does not make development of the area economically unviable”.

(2A) In the Table in section 205(3) (which describes the provisions of the Part) for “Section 216” substitute “Sections 216 to 216B”.

(2B) In section 211(4) (particular provision that may be included in regulations about setting rates, or other criteria, by reference to which the amount of levy chargeable is to be determined) after paragraph (a) insert—

“(aa) to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);

(ab) to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;”.”

204GB*

Page 82, line 39, at end insert—

“(za) in subsection (1) (levy to be used to fund infrastructure, or pay compensation under section 219)—

(i) for “section” substitute “sections 216A(1), 216B(2) and”, and

(ii) for “funding infrastructure” substitute “supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure”,

(zb) in subsection (2) (meaning of “infrastructure” in subsection (1)) for “subsection (1)” substitute “this section (except subsection (3)) and sections 216A(2) and 216B(2)”,

(zc) in subsection (4)(a) (power to specify facilities that are to be, or not to be, funded) for “that are to be, or not to” substitute “whose provision, improvement or replacement may or is to be, or may not”,”

204GC*

Page 82, line 42, leave out “, operational and promotional activities” and insert “activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure”

204GD*

Page 82, line 44, leave out “and” and insert—

“(ab) things within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),

(ac) things within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,”,

(aa) in subsection (4)(b) (power to specify criteria for determining areas in relation to which infrastructure may be funded) for “in relation to which infrastructure may be funded” substitute “that may benefit from funding”,

(ab) in subsection (5)(a) (power to require authorities to list projects that are to be, or may be, funded) for “projects that are” substitute “what is”,

(ac) in subsection (5)(c) (power to make provision about funding projects not on list) for “projects” substitute “anything”,”

204HA*

Page 83, line 2, leave out from “projects)” to end of line 3 and insert “for “on future projects” substitute “in the future”,

(c) in subsection (6)(c) (regulations may permit funding of administrative expenses in connection with infrastructure) after “infrastructure” insert “or anything within section 216A(2)(b) or 216B(2)(b)”, and

(d) in subsection (6)(e) (regulations may make provision for the use of funding where the projects to be funded no longer require funding)—

(i) for “the projects” substitute “anything”, and

(ii) for “require” substitute “requires”.”

204HB*

Page 83, line 10, leave out from “to” to end of line 13 and insert “support the development of the area to which the duty relates, or of any part of that area, by funding—

(a) the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b) anything else that is concerned with addressing demands that development places on an area.”

204JA*

Page 83, line 37, leave out “infrastructure” and insert “anything”

204JB*

Page 83, line 43, leave out “infrastructure” and insert “anything”

204JC*

Page 83, line 46, at end insert—

“216B Use of CIL in an area to which section 216A(1) duty does not relate

(1) Subsection (2) applies where—

(a) there is an area to which a particular duty under section 216A(1) relates, and

(b) there is also an area to which that duty does not relate (“the uncovered area”).

(2) CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—

(a) support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b) support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.

(3) Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.

(4) Provision under subsection (2) may relate—

(a) to all CIL (if any) received in respect of the area to which the provision relates, or

(b) such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.””

Clause 222

BARONESS HANHAM

242ZBA*

Page 202, line 17, after “14,” insert “22 to 27,”

242ZBB*

Page 202, line 17, leave out “and 136,” and insert “, 136 and 149(2A)(b) and (c),”

242ZD*

Page 202, line 22, after “68” insert “, and Part 13 of Schedule 25 and section 223 so far as relating to that Part,”

Clause 226

BARONESS HANHAM

249CA*

Page 203, line 21, leave out paragraph (h)

249DA*

Page 203, line 38, leave out “and 136,” and insert “, 136 and 149(2A)(b) and (c),”

Prepared 10th October 2011