House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

23

Clause 202
143
Page 125, line 44, at beginning insert “Subject to section (Compensation)(5),”
144
Page 127, line 5, leave out subsection (8)
Clause 203
145
Page 127, line 18, at end insert “; and section 202(7)(a) and (c) apply to a collecting

authority in respect of collection as to a charging authority.”
Clause 204
146
Page 127, line 26, at end insert—

“(2A)
The regulations may make provision about the consequences of failure to

assume liability, to give a notice or to comply with another procedure

under CIL regulations in connection with CIL.”
147
Page 127, line 30, leave out paragraph (c)
148
Page 128, line 5, at end insert—

“(l)
for enforcement in the case of death or insolvency of a person liable

for CIL.”
149
Page 128, line 5, at end insert—

“(3A)
CIL regulations may include provision (whether or not in the context of late

payment or failure to pay) about registration or notification of actual or

potential liability to CIL; and the regulations may include provision—

(a)
for the creation of local land charges;

(b)
for the registration of local land charges;

(c)
for enforcement of local land charges (including, in particular, for

enforcement—

(i)
against successive owners, and

(ii)
by way of sale or other disposal with consent of a court);

(d)
for making entries in statutory registers;

(e)
for the cancellation of charges and entries.”
150
Page 128, line 9, at end insert—

“( )
Regulations under this section may provide that any interest, penalty or

surcharge payable by virtue of the regulations is to be treated for the

purposes of sections 202 to 205 as if it were CIL.

( )
The regulations providing for a surcharge or penalty must ensure that no

surcharge or penalty in respect of an amount of CIL exceeds the higher of—

(a)
30% of that amount, and

(b)
£20,000.

( )
But the regulations may provide for more than one surcharge or penalty to

be imposed in relation to a CIL charge.

( )
The regulations may not authorise entry to a private dwelling without a

warrant issued by a justice of the peace.”

24

After Clause 204
151
Insert the following new Clause—

“Compensation

(1)
CIL regulations may require a charging authority or other public authority

to pay compensation in respect of loss or damage suffered as a result of

enforcement action.

(2)
In this section, “enforcement action” means action taken under regulations

under section 204, including—

(a)
the suspension or cancellation of a decision relating to planning

permission, and

(b)
the prohibition of development pending assumption of liability for

CIL or pending payment of CIL.

(3)
The regulations shall not require payment of compensation—

(a)
to a person who has failed to satisfy a liability to pay CIL, or

(b)
in other circumstances specified by the regulations.

(4)
Regulations under this section may make provision about—

(a)
the time and manner in which a claim for compensation is to be

made, and

(b)
the sums, or the method of determining the sums, payable by way

of compensation.

(5)
CIL regulations may permit or require a charging authority to apply CIL

(either generally or subject to limits set by or determined in accordance

with the regulations) for expenditure incurred under this section.

(6)
A dispute about compensation may be referred to and determined by the

Lands Tribunal.

(7)
In relation to the determination of any such question, the provisions of

sections 2 and 4 of the Land Compensation Act 1961 (c. 33) apply subject to

any necessary modifications and to the provisions of CIL regulations.”
Clause 205
152
Page 128, line 26, at end insert—

“( )
procedures to be followed by a charging authority in relation to

charging CIL;”
153
Page 129, line 3, at end insert—

“( )
procedures to be followed in connection with actual or potential

liability for CIL.”
154
Page 129, line 3, at end insert—

“(2A)
CIL regulations may make provision about the procedure to be followed in

respect of an exemption from CIL or a reduction of CIL; in particular, the

regulations may include provision—

(a)
about the procedure for determining whether any conditions are

satisfied;

(b)
requiring a charging authority or other person to notify specified

persons of any exemption or reduction;

25

(c)
requiring a charging authority or other person to keep a record of

any exemption or reduction.”
155
Page 129, line 6, at end insert—

“(3A)
A power in this Part to make provision about publishing something

includes a power to make provision about making it available for

inspection.”
Clause 206
156
Page 129, line 10, leave out subsections (1) to (4)
157
Page 129, line 27, after first “authority” insert “(including an examiner appointed

under section (Charging schedule: examination))”
Clause 207
158
Page 129, line 35, after “provide” insert “, or allow a charging schedule to provide,”
159
Page 129, line 36, after “confer” insert “, or allow a charging schedule to confer,”
160
Page 130, line 2, at end insert “, and

“(c)
shall not be made unless, before approval by the House of

Commons, a period of 60 days has elapsed, beginning with the day

on which the regulations were laid.

(2A)
During the period of 60 days—

(a)
either House of Parliament may—

(i)
debate, or pass a resolution relating to, the regulations, or

(ii)
refer the regulations to any committee for a report; and

(b)
the Secretary of State must respond to any such debate or resolution

or to any such report of a committee before the House of Commons

gives its approval to the regulations under this section.”
161
Page 130, line 2, at end insert—

“(3)
An order under section 204(6) or 209(2)—

(a)
shall be made by statutory instrument, and

(b)
may include provision of a kind permitted by subsection (1)(a), (b)

or (f) above, but may not amend an Act of Parliament in reliance on

subsection (1)(f).

(4)
An order under section 204(6) shall be subject to annulment in pursuance

of a resolution of either House of Parliament.

(5)
An order under section 209(2) shall be subject to annulment in pursuance

of a resolution of the House of Commons.”
After Clause 208
162
Insert the following new Clause—

“Community Infrastructure Levy: amendments

(1)
In section 101 of the Local Government Act 1972 (c. 70) (arrangements for

discharge of functions by local authorities) after subsection (6) insert—

26

“(6A)
Community Infrastructure Levy under Part 11 of the Planning Act

2008 is not a rate for the purposes of subsection (6).”

(2)
In section 9 of the Norfolk and Suffolk Broads Act 1988 (c. 4) (the

Navigation Committee)—

(a)
in subsection (8), after “Subject” insert “to subsection (8A) and”;

(b)
after subsection (8) insert—

“(8A)
Subsection (8) does not apply in relation to functions under

Part 11 of the Planning Act 2008 (Community Infrastructure

Levy).”

(3)
In section 71(3) of the Deregulation and Contracting Out Act 1994 (c. 40)

(contracting out: functions of local authorities) omit the word “and” at the

end of paragraph (g) and after paragraph (h) insert “; and

(i)
sections 203 and 204 of the Planning Act 2008 (Community

Infrastructure Levy: collection and enforcement).”

(4)
In section 38 of the Greater London Authority Act 1999 (c. 29) (delegation),

after subsection (2) insert—

“(2A)
In relation to functions exercisable by the Mayor under Part 11 of

the Planning Act 2008 (Community Infrastructure Levy) subsection

(2) has effect with the omission of paragraphs (c) to (f).””
Clause 209
163
Page 130, line 36, at end insert—

“(2)
The Treasury may by order repeal the Planning-gain Supplement

(Preparations) Act 2007 (c. 2).”
Clause 211
164
Leave out Clause 211
Clause 212
165
Page 131, line 14, leave out “expressions relating to the Crown” and insert ““Crown

land” and “the appropriate Crown authority””
166
Page 131, line 17, at beginning insert “For the purposes of this section,”
167
Page 131, line 36, at beginning insert “For the purposes of this section,”
Clause 214
168
Page 133, line 23, leave out “(subject to subsection (4))”
Clause 217
169
Page 135, line 16, leave out “This section applies” and insert “Subsections (2) and

(3) apply”
170
Page 135, line 18, at end insert—

“( )
a power conferred by paragraph 1(4) of Schedule 4;”
171
Page 135, line 21, leave out “section 198,” and insert “Part 11 or section”