|
|
| |
| |
|
| | (c) | to have regard, to the extent and in the manner specified by the |
|
| | regulations, to actual or expected administrative expenses in connection |
|
| | |
| | (d) | to have regard, to the extent and in the manner specified by the |
|
| | regulations, to values used or documents produced for other statutory |
|
| | |
| | (e) | to integrate the process, to the extent and in the manner specified by the |
|
| | regulations, with processes undertaken for other statutory purposes; |
|
| | (f) | to present the rates or other criteria in the form of a document (a |
|
| | |
| | (g) | to produce charging schedules having effect in relation to specified |
|
| | periods (subject to revision).’. |
|
| | Member’s explanatory statement
|
|
| | The effect of this amendment is to provide regulation-making power to permit or require charging |
|
| | authorities to have regard to (amongst other things) the costs of developing infrastructure, |
|
| | increases in land value, and, administrative costs in setting CIL rates and criteria and to require |
|
| | these rates to be presented in a charging schedule. |
|
| |
| | |
| Clause 166, page 94, line 17, leave out ‘authorities’ and insert ‘schedules’. |
|
| | Member’s explanatory statement
|
|
| | This effect of this amendment is to provide a power for CIL regulations to permit or require |
|
| | charging schedules (see amendment 546) to adopt specified methods or criteria for calculating the |
|
| | |
| |
| | |
| Clause 166, page 94, line 20, leave out ‘calculation’ and insert ‘charging schedules |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment follows amendment 547. |
|
| |
| | |
| Clause 166, page 94, line 20, after ‘descriptions’, insert ‘, locality’. |
|
| |
| | |
| Clause 166, page 94, line 21, at end insert— |
|
| | ‘(aa) | permit or require charging schedules to operate by reference to any |
|
| | measurement of the amount or nature of development (whether by |
|
| | reference to measurements of floor space, to numbers or intended uses of |
|
| | buildings, to numbers or intended uses of units within buildings, to |
|
| | allocation of space within buildings or units, to values or expected values |
|
| | |
| | (ab) | permit or require charging schedules to operate by reference to the nature |
|
| | or existing use of the place where development is undertaken;’. |
|
| | Member’s explanatory statement
|
|
| | This amendment sets out examples of the ways in which the charging schedule (provided for in |
|
| | amendment 546) might operate. |
|
|
|
| |
| |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 166, page 94, line 22, leave out paragraph (b). |
|
| |
| |
| |
| |
| | |
| Clause 166, page 94, leave out lines 22 to 24. |
|
| |
| | |
| Clause 166, page 94, line 25, leave out ‘refer to, or permit,’ and insert ‘permit or |
|
| require charging schedules to operate by’. |
|
| | Member’s explanatory statement
|
|
| | This amendment follows amendment 546. |
|
| |
| | |
| Clause 166, page 94, line 27, leave out ‘refer to, or permit,’ and insert ‘permit or |
|
| require charging schedules to operate by’. |
|
| | Member’s explanatory statement
|
|
| | This amendment is consequent to amendment 546. |
|
| |
| | |
| Clause 166, page 94, line 27, after ‘used’, insert ‘or documents produced’. |
|
| | Member’s explanatory statement
|
|
| | This amendment clarifies that regulations may provide for the CIL charging schedule to operate |
|
| | with reference to documents produced for other statutory purposes. |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 166, page 94, line 27, leave out paragraph (d). |
|
| |
| | |
| Clause 166, page 94, line 29, after ‘permit’, insert ‘or require’. |
|
| | Member’s explanatory statement
|
|
| | The effect of this amendment is to provide an additional power for CIL regulations to require a |
|
| | charging schedule to contain provision for reductions in CIL . |
|
|
|
| |
| |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 166, page 94, line 30, leave out subsection (5). |
|
| |
| | |
| Clause 166, page 94, line 31, at end insert— |
|
| | ‘(6) | In this section a reference to publication includes a reference to making available |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment clarifies that the powers in clause 166(2)(a) to require charging authorities to |
|
| | publish the rates or criteria by reference which they charge CIL includes power to require |
|
| | charging authorities to make them available for public inspection. |
|
| |
| |
| | |
| Clause 167, page 94, line 34, at end insert— |
|
| | ‘(1A) | In subsection (1) “infrastructure” includes— |
|
| | (a) | roads and other transport facilities, |
|
| | |
| | (c) | schools and other educational facilities, |
|
| | |
| | (e) | sporting and recreational facilities, |
|
| | |
| | (g) | affordable housing (being social housing within the meaning of Part 2 of |
|
| | the Housing and Regeneration Act 2008 and such other housing as CIL |
|
| | regulations may specify). |
|
| | (1B) | The regulations may amend subsection (1A) so as to— |
|
| | (a) | add, remove or vary an entry in the list of matters included within the |
|
| | meaning of “infrastructure”; |
|
| | (b) | list matters excluded from the meaning of “infrastructure”.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment provides certainty about what types of infrastructure CIL can be spent on by |
|
| | listing certain items in a definition of “infrastructure”. It also enables regulations to be made to |
|
| | |
| |
| | |
| Clause 167, page 94, line 35, after ‘specify’, insert ‘that charging authorities are to |
|
| |
|
|
| |
| |
|
| |
| | |
| Clause 167, page 94, leave out line 37 and insert ‘funded by CIL,’. |
|
| | Member’s explanatory statement
|
|
| | This amendment alters the meaning of clause 167(2) so that the power there becomes a power to |
|
| | specify what works, installations and other facilities may or may not be funded by CIL. |
|
| |
| |
| | |
| Clause 167, page 94, line 40, at end insert— |
|
| | ‘(2A) | The regulations must be consistent with the principle that funding from the CIL |
|
| | should be used to fund projects, or aspects of projects, for which funds have not |
|
| | already been allocated by— |
|
| | (a) | a Government department, |
|
| | (b) | the Scottish Ministers, |
|
| | (c) | a Northern Ireland department, |
|
| | (d) | the National Assembly for Wales, |
|
| | (e) | a local authority, or |
|
| | (f) | a regional development agency.’. |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 167, page 94, line 40, at end insert— |
|
| | ‘(d) | ring-fenced funding for community infrastructure to ensure that it is |
|
| | additional to other infrastructure monies.’. |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 167, page 94, line 40, at end insert— |
|
| | ‘(d) | that such finding should relate to community infrastructure and be in |
|
| | addition to any other infrastructure funding.’. |
|
| |
| | |
| Clause 167, page 95, line 3, at end insert— |
|
| | ‘(c) | include provision about the circumstances in which a charging authority |
|
| | may and may not apply CIL to projects not included on the list.’. |
|
| | Member’s explanatory statement
|
|
| | The effect of this amendment is to allow for CIL regulations to control the circumstances in which |
|
| | CIL may be used to fund infrastructure not included in a list of infrastructure which may required |
|
| | to be produced by them under clause 167(3)(a). |
|
|
|
| |
| |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 167, page 95, line 3, at end insert— |
|
| | ‘(c) | require authorities to use best endeavours to deliver the infrastructure |
|
| | upon which the level of CIL is predicated; |
|
| | (d) | require all other providers of infrastructure involved in the delivery of |
|
| | infrastructure, for which CIL is being levied, to use best endeavours to |
|
| | assist in delivering the infrastructure upon which the level of CIL is |
|
| | |
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 167, page 95, leave out lines 8 to 10. |
|
| |
| | |
| Clause 167, page 95, line 27, at end add— |
|
| | ‘(6) | In this section a reference to publication includes a reference to making available |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment clarifies that the power in clause 166(3)(a) to make regulations requiring |
|
| | charging authorities to publish a list of CIL- funded projects includes the power to require that this |
|
| | document is made available for public inspection. |
|
| |
| |
| | |
| Clause 167, page 95, line 27, at end add— |
|
| | ‘(6) | The regulations must require the charging authority to consult— |
|
| | (a) | relevant parish councils, |
|
| | (b) | relevant community councils in Wales, and |
|
| | (c) | relevant community councils in Scotland, |
|
| | | in the areas affected by the development in respect of which CIL is chargeable.’. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 168, page 95, line 35, leave out ‘may’ and insert ‘must’. |
|
| |
| | |
| Clause 168, page 95, line 38, leave out ‘one’ and insert ‘a charging authority or |
|
| |
| | Member’s explanatory statement
|
|
| | This amendment is to clarify that a number of charging or other authorities (as opposed to just |
|
| | one) may collect CIL on behalf of a charging authority. |
|
| |
| | |
| Clause 168, page 95, line 39, at end insert ‘authority.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment follows amendment 560. |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 168, page 95, line 41, at end add— |
|
| | ‘(7) | Regulations under this section may make provision concerning the holding and |
|
| | investment of funds raised by way of CIL.’. |
|
| |
| |
| | |
| Clause 169, page 96, line 4, at end insert ‘or surcharge;’. |
|
| | Member’s explanatory statement
|
|
| | This amendment clarifies that regulations on the enforcement of CIL may provide for the |
|
| | imposition of a surcharge. |
|
| |
| | |
| Clause 169, page 96, line 8, after ‘pending’, insert ‘assumption of liability for CIL |
|
| |
| | Member’s explanatory statement
|
|
| | The effect of this amendment is to extend the power in clause 169(1)(2)(e) so that authorities can |
|
| | be empowered to prohibit a development not only when some is liable to pay CIL but when |
|
| | someone is yet to assume that liability. |
|
|
|
| |
| |
|
| |
| | |
| Clause 169, page 96, line 10, at end insert ‘(including, in particular, offences |
|
| relating to evasion or attempted evasion or to the provision of false or misleading |
|
| information, and offences relating to the prevention or investigation of other offences |
|
| created by the regulations).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment gives examples of the types of criminal offence that may be provided for in CIL |
|
| | |
| |
| | |
| Clause 169, page 96, line 10, at end insert— |
|
| | ‘(g) | for enforcement of sums owed (whether by action on a debt, by distraint |
|
| | against goods or in any other way).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment allows for regulations to make provision for enforcing payment of CIL through |
|
| | civil proceedings such as a debt action or by distraint against goods. |
|
| |
| |
| |
| |
| |
| |
| | |
|
| Clause 169, page 96, line 10, at end insert— |
|
| | ‘(2A) | Regulations made under this section may may make provision for land owners |
|
| | and developers to reclaim CIL should infrastructure not be delivered in |
|
| | accordance with agreements.’. |
|
| |
| |
| | |
| Clause 170, page 96, line 32, after ‘authority’, insert ‘or other public authority’. |
|
| | Member’s explanatory statement
|
|
| | The effect of this amendment is to allow the Secretary of State to issue guidance to other public |
|
| | authorities on CIL connected matters (and not just charging authorities) and to require them to |
|
| | |
| |
| | |
| Clause 170, page 96, line 33, leave out ‘a charging’ and insert ‘the’. |
|
| | Member’s explanatory statement
|
|
| | This amendment follows amendment 566. |
|
|