|
| |
| |
| |
(1) | CIL regulations must require the authority that collects CIL to apply it, or cause |
| |
it to be applied, to funding infrastructure. |
| |
(2) | In subsection (1) “infrastructure” includes— |
| |
(a) | roads and other transport facilities, |
| 5 |
| |
(c) | schools and other educational facilities, |
| |
| |
(e) | sporting and recreational facilities, |
| |
| 10 |
(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). |
| |
(3) | The regulations may amend subsection (2) so as to— |
| |
(a) | add, remove or vary an entry in the list of matters included within the |
| 15 |
meaning of “infrastructure”; |
| |
(b) | list matters excluded from the meaning of “infrastructure”. |
| |
(4) | The regulations may specify— |
| |
(a) | works, installations and other facilities that are to be, or not to be, |
| |
| 20 |
(b) | criteria for determining the areas in relation to which infrastructure |
| |
may be funded by CIL in respect of land, and |
| |
(c) | what is to be, or not to be, treated as funding. |
| |
| |
(a) | require charging authorities to prepare and publish a list of projects |
| 25 |
that are to be, or may be, wholly or partly funded by CIL; |
| |
(b) | include provision about the procedure to be followed in preparing a list |
| |
(which may include provision for consultation, for the appointment of |
| |
an independent person or a combination); |
| |
(c) | include provision about the circumstances in which a charging |
| 30 |
authority may and may not apply CIL to projects not included on the |
| |
| |
(6) | In making provision about funding the regulations may, in particular— |
| |
(a) | permit CIL to be used to reimburse expenditure already incurred; |
| |
(b) | permit CIL to be reserved for expenditure that may be incurred on |
| 35 |
| |
(c) | permit CIL to be applied (either generally or subject to limits set by or |
| |
determined in accordance with the regulations) to administrative |
| |
expenses in connection with infrastructure or in connection with CIL; |
| |
(d) | include provision for the giving of loans, guarantees or indemnities; |
| 40 |
(e) | make provision about the application of CIL where the projects to |
| |
which it was to be applied no longer require funding. |
| |
| |
(a) | require a charging authority to account separately, and in accordance |
| |
with the regulations, for CIL received or due; |
| 45 |
(b) | require a charging authority to monitor the use made and to be made |
| |
| |
| |
| |
|
| |
| |
(c) | require a charging authority to report on the charging, collection and |
| |
| |
(d) | permit a charging authority to cause money to be applied in respect of |
| |
things done outside its area; |
| |
(e) | permit a charging authority or other body to spend money; |
| 5 |
(f) | permit a charging authority to pass money to another body (and in |
| |
paragraphs (a) to (e) a reference to a charging authority includes a |
| |
reference to a body to which a charging authority passes money in |
| |
reliance on this paragraph). |
| |
(8) | In this section a reference to publication includes a reference to making |
| 10 |
available for inspection. |
| |
| |
(1) | CIL regulations must include provision about the collection of CIL. |
| |
(2) | The regulations may make provision for payment— |
| |
| 15 |
| |
(3) | The regulations may make provision about repayment (with or without |
| |
interest) in cases of overpayment. |
| |
(4) | The regulations may make provision about payment in forms other than |
| |
money (such as making land available, carrying out works or providing |
| 20 |
| |
(5) | The regulations may permit or require a charging authority or other public |
| |
authority to collect CIL charged by another authority. |
| |
(6) | Regulations under this section may replicate or apply (with or without |
| |
modifications) any enactment relating to the collection of a tax. |
| 25 |
| |
(1) | CIL regulations must include provision about enforcement of CIL. |
| |
(2) | The regulations must make provision about the consequences of late payment |
| |
and failure to pay; and the regulations may, in particular, include provision— |
| |
(a) | for the payment of interest; |
| 30 |
(b) | for the imposition of a penalty or surcharge; |
| |
(c) | for the registration of local land charges; |
| |
(d) | for the suspension or cancellation of a decision relating to planning |
| |
| |
(e) | enabling an authority to prohibit development pending assumption of |
| 35 |
liability for CIL or pending payment of CIL; |
| |
(f) | creating a criminal offence (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); |
| 40 |
(g) | for enforcement of sums owed (whether by action on a debt, by |
| |
distraint against goods or in any other way). |
| |
(3) | Regulations under this section may— |
| |
| |
| |
|
| |
| |
(a) | replicate or apply (with or without modifications) any enactment |
| |
relating to the enforcement of a tax; |
| |
| |
| |
(1) | CIL regulations may confer powers on the Secretary of State to control the |
| 5 |
imposition, collection and application of CIL. |
| |
(2) | In particular, the regulations may permit the Secretary of State— |
| |
(a) | to set maximum amounts of CIL to be raised by a charging authority |
| |
(whether in respect of a period or in respect of one or more |
| |
| 10 |
(b) | to direct a charging authority as to the application of money received |
| |
| |
(3) | The regulations may make provision about the procedure to be followed by the |
| |
Secretary of State in exercising, or considering whether to exercise, a power by |
| |
| 15 |
(4) | The regulations may permit the Secretary of State to exercise a power by virtue |
| |
| |
(a) | generally or in relation to specified cases, circumstances, areas or |
| |
| |
(b) | differently for different cases, circumstances, areas or authorities. |
| 20 |
(5) | The Secretary of State may give guidance to a charging authority or other |
| |
public authority about any matter connected with CIL; and the authority must |
| |
have regard to the guidance. |
| |
182 | CIL regulations: general |
| |
| 25 |
(a) | may make provision that applies generally or only to specified cases, |
| |
| |
(b) | may make different provision for different cases, circumstances or |
| |
| |
(c) | may provide for exceptions, |
| 30 |
(d) | may confer a discretionary power on the Secretary of State, a local |
| |
authority or another specified person, |
| |
(e) | may apply an enactment, with or without modifications, and |
| |
(f) | may include incidental, transitional or consequential provision (which |
| |
may include provision amending an enactment). |
| 35 |
| |
(a) | shall be made by statutory instrument, and |
| |
(b) | shall not be made unless a draft has been laid before and approved by |
| |
resolution of the House of Commons. |
| |
183 | Relationship with other powers |
| 40 |
(1) | CIL regulations may include provision about how the following powers are to |
| |
be used, or are not to be used— |
| |
(a) | section 106 of TCPA 1990 (planning obligations), and |
| |
| |
| |
|
| |
| |
(b) | section 278 of the Highways Act 1980 (c. 66) (execution of works). |
| |
(2) | CIL regulations may include provision about the exercise of any other power |
| |
relating to planning or development. |
| |
(3) | The Secretary of State may give guidance to a charging authority about how a |
| |
power relating to planning or development is to be exercised; and charging |
| 5 |
authorities must have regard to the guidance. |
| |
(4) | Provision may be made under subsection (1) or (2), and guidance may be given |
| |
under subsection (3), only if the Secretary of State thinks it necessary or |
| |
| |
(a) | complementing the main purpose of CIL regulations, |
| 10 |
(b) | enhancing the effectiveness of CIL regulations, |
| |
(c) | preventing agreements, undertakings or other transactions from being |
| |
used to undermine or circumvent CIL regulations, |
| |
(d) | preventing agreements, undertakings or other transactions from being |
| |
used to achieve a purpose that the Secretary of State thinks would |
| 15 |
better be achieved through the application of CIL regulations, or |
| |
(e) | preventing or restricting the imposition of burdens, the making of |
| |
agreements or the giving of undertakings, in addition to CIL. |
| |
(5) | CIL regulations may provide that a power to give guidance or directions may |
| |
| 20 |
(a) | in relation to matters specified in the regulations, |
| |
(b) | in cases or circumstances specified in the regulations, |
| |
(c) | for a purpose specified in the regulations, or |
| |
(d) | to an extent specified in the regulations. |
| |
| 25 |
| |
| |
184 | Application to the Crown |
| |
(1) | This Act binds the Crown, subject to subsections (2) and (3). |
| |
(2) | Sections 38, 51, 120, 139, 186 and 189 make special provision in relation to the |
| 30 |
application of some provisions of this Act to the Crown. |
| |
(3) | The amendments made by this Act bind the Crown only to the extent that the |
| |
provisions amended bind the Crown. |
| |
185 | Expressions relating to the Crown |
| |
(1) | In this Act, expressions relating to the Crown must be read in accordance with |
| 35 |
| |
(2) | Crown land is land in which there is a Crown interest or a Duchy interest. |
| |
(3) | A Crown interest is any of the following— |
| |
(a) | an interest belonging to Her Majesty in right of the Crown or in right of |
| |
| 40 |
| |
| |
|
| |
| |
(b) | an interest belonging to a government department or held in trust for |
| |
Her Majesty for the purposes of a government department; |
| |
(c) | such other interest as the Secretary of State specifies by order. |
| |
| |
(a) | an interest belonging to Her Majesty in right of the Duchy of Lancaster, |
| 5 |
| |
(b) | an interest belonging to the Duchy of Cornwall. |
| |
(5) | The appropriate Crown authority in relation to any land is— |
| |
(a) | in the case of land belonging to Her Majesty in right of the Crown and |
| |
forming part of the Crown Estate, the Crown Estate Commissioners; |
| 10 |
(b) | in relation to any other land belonging to Her Majesty in right of the |
| |
Crown, the government department having the management of the |
| |
| |
(c) | in relation to land belonging to Her Majesty in right of Her private |
| |
estates, a person appointed by Her Majesty in writing under the Royal |
| 15 |
Sign Manual or, if no such appointment is made, the Secretary of State; |
| |
(d) | in relation to land belonging to Her Majesty in right of the Duchy of |
| |
Lancaster, the Chancellor of the Duchy; |
| |
(e) | in relation to land belonging to the Duchy of Cornwall, such person as |
| |
the Duke of Cornwall, or the possessor for the time being of the Duchy, |
| 20 |
| |
(f) | in the case of land belonging to a government department or held in |
| |
trust for Her Majesty for the purposes of a government department, the |
| |
| |
(g) | in relation to Westminster Hall and the Chapel of St Mary Undercroft, |
| 25 |
the Lord Great Chamberlain and the Speakers of the House of Lords |
| |
and the House of Commons acting jointly; |
| |
(h) | in relation to Her Majesty’s Robing Room in the Palace of Westminster, |
| |
the adjoining staircase and ante-room and the Royal Gallery, the Lord |
| |
| 30 |
(6) | If any question arises as to what authority is the appropriate Crown authority |
| |
in relation to any land it must be referred to the Treasury, whose decision is |
| |
| |
(7) | For the purposes of an application for an order granting development consent |
| |
made by or on behalf of the Crown in respect of land which does not belong to |
| 35 |
the Crown or in respect of which it has no interest a reference to the |
| |
appropriate Crown authority must be read as a reference to the person who |
| |
| |
(8) | For the purposes of subsection (7) the Crown includes— |
| |
(a) | the Duchy of Lancaster; |
| 40 |
(b) | the Duchy of Cornwall; |
| |
(c) | a person who is an appropriate Crown authority by virtue of subsection |
| |
| |
(9) | The reference to Her Majesty’s private estates must be construed in accordance |
| |
with section 1 of the Crown Private Estates Act 1862 (c. 37). |
| 45 |
| |
| |
|
