House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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121
Page 123, leave out line 3 and insert—

“Sections (Liability) and
Liability

(Liability: interpretation of key

terms)

Section (Charities)
Charities”

122
Page 123, line 4, at end insert—

“Sections (Charging schedule:
Charging schedule

examination) to (Charging

schedule: effect)

Section (Appeals)
Appeals”

123
Page 123, line 7, at end insert—

“Section (Compensation)
Compensation”

124
Page 123, line 11, at end insert—

“Section (Community
Amendments

Infrastructure Levy:

amendments)

Section 209
Repeals”

Clause 199
125
Leave out Clause 199 and insert the following new Clause—


“The charge

(1)
A charging authority may charge CIL in respect of development of land in

its area.

(2)
A local planning authority is the charging authority for its area.

(3)
But—

(a)
the Mayor of London is a charging authority for Greater London (in

addition to the local planning authorities),

(b)
the Broads Authority is the only charging authority for the Broads

(within the meaning given by section 2(3) of the Norfolk and

Suffolk Broads Act 1988 (c. 4)), and

(c)
the Council of the Isles of Scilly is the only charging authority for

the Isles of Scilly.

(4)
CIL regulations may provide for any of the following to be the charging

authority for an area, or in the case of Greater London one of the charging

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authorities, in place of the charging authority under subsection (2), (3)(b) or

(c)—

(a)
a county council,

(b)
a county borough council,

(c)
a district council,

(d)
a metropolitan district council, and

(e)
a London borough council (within the meaning of TCPA 1990).

(5)
In this section, “local planning authority” has the meaning given by—

(a)
section 37 of PCPA 2004 in relation to England, and

(b)
section 78 of PCPA 2004 in relation to Wales.”
After Clause 199
126
Insert the following new Clause—

“Joint committees

(1)
This section applies if a joint committee that includes a charging authority

is established under section 29 of PCPA 2004.

(2)
CIL regulations may provide that the joint committee is to exercise

specified functions, in respect of the area specified in the agreement under

section 29(1) of PCPA 2004, on behalf of the charging authority.

(3)
The regulations may make provision corresponding to provisions relating

to joint committees in Part 6 of the Local Government Act 1972 (c. 70) in

respect of the discharge of the specified functions.”
Clause 200
127
Leave out Clause 200 and insert the following new Clause—


“Liability

(1)
Where liability to CIL would arise in respect of proposed development (in

accordance with provision made by a charging authority under and by

virtue of section 199 and CIL regulations) a person may assume liability to

pay the levy.

(2)
An assumption of liability—

(a)
may be made before development commences, and

(b)
must be made in accordance with any provision of CIL regulations

about the procedure for assuming liability.

(3)
A person who assumes liability for CIL before the commencement of

development becomes liable when development is commenced in reliance

on planning permission.

(4)
CIL regulations must make provision for an owner or developer of land to

be liable for CIL where development is commenced in reliance on planning

permission if—

(a)
nobody has assumed liability in accordance with the regulations, or

(b)
other specified circumstances arise (such as the insolvency or

withdrawal of a person who has assumed liability).

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(5)
CIL regulations may make provision about—

(a)
joint liability (with or without several liability);

(b)
liability of partnerships;

(c)
assumption of partial liability (and subsection (4)(a) applies where

liability has not been wholly assumed);

(d)
apportionment of liability (which may—

(i)
include provision for referral to a specified person or body

for determination, and

(ii)
include provision for appeals);

(e)
withdrawal of assumption of liability;

(f)
cancellation of assumption of liability by a charging authority (in

which case subsection (4)(a) applies);

(g)
transfer of liability (whether before or after development

commences and whether or not liability has been assumed).

(6)
The amount of any liability for CIL is to be calculated by reference to the

time when planning permission first permits the development as a result of

which the levy becomes payable.

(7)
CIL regulations may make provision for liability for CIL to arise where

development which requires planning permission is commenced without

it (and subsection (6) is subject to this subsection).

(8)
CIL regulations may provide for liability to CIL to arise in respect of a

development where—

(a)
the development was exempt from CIL, or subject to a reduced rate

of CIL charge, and

(b)
the description or purpose of the development changes.”
After Clause 200
128
Insert the following new Clause—

“Liability: interpretation of key terms

(1)
In section (Liability) “development” means—

(a)
anything done by way of or for the purpose of the creation of a new

building, or

(b)
anything done to or in respect of an existing building.

(2)
CIL regulations may provide for—

(a)
works or changes in use of a specified kind not to be treated as

development;

(b)
the creation of, or anything done to or in respect of, a structure of a

specified kind to be treated as development.

(3)
CIL regulations must include provision for determining when

development is treated as commencing.

(4)
Regulations under subsection (3) may, in particular, provide for

development to be treated as commencing when some specified activity or

event is undertaken or occurs, where the activity or event—

(a)
is not development within the meaning of subsection (1), but

(b)
has a specified kind of connection with a development within the

meaning of that subsection.

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(5)
CIL regulations must define planning permission (which may include

planning permission within the meaning of TCPA 1990 and any other kind

of permission or consent (however called, and whether general or

specific)).

(6)
CIL regulations must include provision for determining the time at which

planning permission is treated as first permitting development; and the

regulations may, in particular, make provision—

(a)
about outline planning permission;

(b)
for permission to be treated as having been given at a particular

time in the case of general consents.

(7)
For the purposes of section (Liability)—

(a)
“owner” of land means a person who owns an interest in the land,

and

(b)
“developer” means a person who is wholly or partly responsible for

carrying out a development.

(8)
CIL regulations may make provision for a person to be or not to be treated

as an owner or developer of land in specified circumstances.”
129
Insert the following new Clause—

“Charities

(1)
CIL regulations must provide for an exemption from liability to pay CIL in

respect of a development where—

(a)
the person who would otherwise be liable to pay CIL in respect of

the development is a relevant charity in England and Wales, and

(b)
the building or structure in respect of which CIL liability would

otherwise arise is to be used wholly or mainly for a charitable

purpose of the charity within the meaning of section 2 of the

Charities Act 2006 (c. 50).

(2)
CIL regulations may—

(a)
provide for an exemption from liability to pay CIL where the

person who would otherwise be liable to pay CIL in respect of the

development is an institution established for a charitable purpose;

(b)
require charging authorities to make arrangements for an

exemption from, or reduction in, liability to pay CIL where the

person who would otherwise be liable to pay CIL in respect of the

development is an institution established for a charitable purpose.

(3)
Regulations under subsection (1) or (2) may provide that an exemption or

reduction does not apply if specified conditions are satisfied.

(4)
For the purposes of subsection (1), a relevant charity in England and Wales

is an institution which—

(a)
is registered in the register of charities kept by the Charity

Commission under section 3 of the Charities Act 1993 (c. 10), or

(b)
is a charity within the meaning of section 1(1) of the Charities Act

2006 (c. 50) but is not required to be registered in the register kept

under section 3 of the Charities Act 1993 (c. 10).

(5)
In subsection (2), a charitable purpose is a purpose falling within section

2(2) of the Charities Act 2006 (c. 50); but CIL regulations may provide for

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an institution of a specified kind to be, or not to be, treated as an institution

established for a charitable purpose.”
Clause 201
130
Page 124, line 32, leave out subsections (1) and (2) and insert—

“(1)
A charging authority which proposes to charge CIL must issue a document

(a “charging schedule”) setting rates, or other criteria, by reference to which

the amount of CIL chargeable in respect of development in its area is to be

determined.

(2)
A charging authority, in setting rates or other criteria, must have regard, to

the extent and in the manner specified by CIL regulations, to—

(a)
actual and expected costs of infrastructure (whether by reference to

lists prepared by virtue of section 202(5)(a) or otherwise);

(b)
matters specified by CIL regulations relating to the economic

viability of development (which may include, in particular, actual

or potential economic effects of planning permission or of the

imposition of CIL);

(c)
other actual and expected sources of funding for infrastructure.”
131
Page 124, leave out lines 41 and 42 and insert—

“(3)
CIL regulations may make other provision about setting rates or other

criteria.

(3A)
The regulations may, in particular, permit or require charging authorities

in setting rates or other criteria—”
132
Page 124, line 43, leave out paragraphs (a) and (b)
133
Page 125, line 10, leave out paragraph (e)
134
Page 125, line 15, leave out paragraph (g)
135
Page 125, line 37, after “charges,” insert “a nil rate,”
136
Page 125, line 38, at end insert—

“(5A)
A charging authority may consult, or take other steps, in connection with

the preparation of a charging schedule (subject to CIL regulations).”
137
Page 125, line 39, leave out subsections (6) and (7)
138
Page 125, line 42, at end insert—

“(8)
The regulations may require a charging authority to provide in specified

circumstances an estimate of the amount of CIL chargeable in respect of

development of land.

(9)
A charging authority may revise a charging schedule.

(10)
This section and sections (Charging schedule: examination), (Charging

schedule: approval) and (Charging schedule: effect)(1) and (2) apply to the

revision of a charging schedule as they apply to the preparation of a

charging schedule.”
After Clause 201
139
Insert the following new Clause—

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“Charging schedule: examination

(1)
Before approving a charging schedule a charging authority must appoint a

person (“the examiner”) to examine a draft.

(2)
The charging authority must appoint someone who, in the opinion of the

authority—

(a)
is independent of the charging authority, and

(b)
has appropriate qualifications and experience.

(3)
The charging authority may, with the agreement of the examiner, appoint

persons to assist the examiner.

(4)
The draft submitted to the examiner must be accompanied by a declaration

(approved under subsection (5) or (6))—

(a)
that the charging authority has complied with the requirements of

this Part and CIL regulations (including the requirements to have

regard to the matters listed in section 201(2) to (4)),

(b)
that the charging authority has used appropriate available evidence

to inform the draft charging schedule, and

(c)
dealing with any other matter prescribed by CIL regulations.

(5)
A charging authority (other than the Mayor of London) must approve the

declaration—

(a)
at a meeting of the authority, and

(b)
by a majority of votes of members present.

(6)
The Mayor of London must approve the declaration personally.

(7)
The examiner must consider the matters listed in subsection (4) and—

(a)
recommend that the draft charging schedule be approved, rejected

or approved with specified modifications, and

(b)
give reasons for the recommendations.

(8)
The charging authority must publish the recommendations and reasons.

(9)
CIL regulations must require a charging authority to allow anyone who

makes representations about a draft charging schedule to be heard by the

examiner; and the regulations may make provision about timing and

procedure.

(10)
CIL regulations may make provision for examiners to reconsider their

decisions with a view to correcting errors (before or after the approval of a

charging schedule).

(11)
The charging authority may withdraw a draft.”
140
Insert the following new Clause—

“Charging schedule: approval

(1)
A charging authority may approve a charging schedule only—

(a)
if the examiner under section (Charging schedule: examination) has

recommended approval, and

(b)
subject to any modifications recommended by the examiner.

(2)
A charging authority (other than the Mayor of London) must approve a

charging schedule—

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(a)
at a meeting of the authority, and

(b)
by a majority of votes of members present.

(3)
The Mayor of London must approve a charging schedule personally.

(4)
CIL regulations may make provision for the correction of errors in a

charging schedule after approval.”
141
Insert the following new Clause—

“Charging schedule: effect

(1)
A charging schedule approved under section (Charging schedule: approval)

may not take effect before it is published by the charging authority.

(2)
CIL regulations may make provision about publication of a charging

schedule after approval.

(3)
A charging authority may determine that a charging schedule is to cease to

have effect.

(4)
CIL regulations may provide that a charging authority may only make a

determination under subsection (3) in circumstances specified by the

regulations.

(5)
A charging authority (other than the Mayor of London) must make a

determination under subsection (3)—

(a)
at a meeting of the authority, and

(b)
by a majority of votes of members present.

(6)
The Mayor of London must make a determination under subsection (3)

personally.”
142
Insert the following new Clause—

“Appeals

(1)
CIL regulations must provide for a right of appeal on a question of fact in

relation to the application of methods for calculating CIL to a person

appointed by the Commissioners for Her Majesty’s Revenue and Customs.

(2)
The regulations must require that the person appointed under subsection

(1) is—

(a)
a valuation officer appointed under section 61 of the Local

Government Finance Act 1988 (c. 41), or

(b)
a district valuer within the meaning of section 622 of the Housing

Act 1985 (c. 68).

(3)
Regulations under this section or section (Liability)(5)(d)(ii) may, in

particular, make provision about—

(a)
the period within which the right of appeal may be exercised,

(b)
the procedure on an appeal, and

(c)
the payment of fees, and award of costs, in relation to an appeal.

(4)
In any proceedings for judicial review of a decision on an appeal, the

defendant shall be the Commissioners for Her Majesty’s Revenue and

Customs and not the person appointed under subsection (1).”