Lords Amendment 111

68.     The effect of Lords Amendment 111 would be that tree preservation regulations would be able to provide for the application (with or without modification) of, or make provision comparable to, only those provisions of the planning Acts listed in new section 202G(1A) of the TCPA 1990.

Lords Amendment 112

69.     New section 303(6)(b) of the TCPA 1990 (inserted by clause 193) provides that regulations made under the new section 303 may amend, repeal or revoke any provision made by or under the TCPA 1990 or any other Act. Lords Amendment 112 would restrict the scope of subsection (6)(b) so that it applies only to regulations making provision as to the effect of paying or failing to pay a fee or regulations making incidental, supplementary, consequential, transitional or transitory provisions or savings.

Lords Amendment 113

70.     New Section 303ZA(4)(b) of the TCPA 1990 (inserted by clause 194) provides that regulations made under the new section 303ZA may amend, repeal or revoke any provision made by or under the TCPA 1990 or any other Act. Lords Amendment 113 would restrict the scope of subsection (4)(b) so that it applies only to regulations making provision as to the effect of paying or failing to pay a fee or regulations making incidental, supplementary, consequential, transitional or transitory provisions or savings.

Lords Amendments 114 and 190

71.     Lords Amendment 114 would insert a new clause amending the definition of “local authority” in the TCPA 1990 to include the London Fire and Emergency Planning Authority. Lords Amendment 190 would add this new clause to the list of provisions in clause 226 which will come into force two months after the Bill receives Royal Assent.

*Lords Amendment 115

72.     Lords Amendment 115 would insert a new clause amending the TCPA 1990 so as to impose duties as respects gardens and urban green space in the exercise of planning functions. It would require special regard to be had to the desirability of preserving gardens, groups of gardens and urban green spaces. Subsection (3) of the new clause would insert a definition of “green space” into the TCPA 1990. Subsection (4) would limit the ability of the Secretary of State to set aside a decision of a local planning authority made in accordance with development plan policies on the protection and preservation of gardens and green spaces.

Lords amendments 117 to 124

73.     Lords Amendment 117 would remove the phrase “the value of which increases due to permission for development” from clause 198(2), which gives the overall purpose of CIL. The duty, however, would remain, for the Secretary of State (in making CIL regulations) to aim to ensure that the overall purpose of CIL is to ensure that costs incurred in providing infrastructure to support the development of an area can be funded wholly or mainly by owners or developers of land.

74.     Lords Amendment 118 would substitute a new subsection (3) in clause 198, because of the new nature of the clauses in Part 11 which result from other amendments made in the House of Lords. The other clauses in Part 11 would no longer simply make provision about other aspects of CIL regulations but also set out provisions about CIL on the face of the Bill.

75.     Lords Amendments 119 to 124 would amend the table at clause 198(3) which acts as a guide to the reader of the Bill about the subject-matter of the clauses in Part 11 in order to reflect new clauses added.

Lords Amendment 125

76.      Lords Amendment 125 would replace clause 199 which sets out which authorities may be empowered to be CIL charging authorities. The amendment would reconfigure the clause to make it clear that the starting point as regards who will be a charging authority is that they will be (a) the local planning authorities responsible for the production of local development plans in England and Wales (see new subsection (5)), (b) the Council of the Isles of Scilly (which is treated as a local planning authority for the purpose of Part 2 of the PCPA 2004 for the Isles of Scilly by an order under section 116 of that Act) and (c) the Mayor of London for Greater London.

77.     However, the new clause would allow for this starting point to be departed from by regulations (see subsection (4)). For example, it is possible for National Park authorities to have two areas, one very large, and one very small and in the area of another local planning authority. National Park authorities are local planning authorities for the purposes of Part 2 of the PCPA 2004, but for reasons of scale and efficiency it might not be thought appropriate for them to be charging authorities for a small separate area. Similarly, the new clause would cater for the possibility of the Council of the Isles of Scilly ceasing to be a local planning authority for the purpose of Part 2 of the PCPA 2004.

Lords Amendment 126

78.     Lords Amendment 126 would insert a new clause (after clause 199) which would allow CIL regulations to provide that a joint committee established under section 29 of the PCPA 2004, where it includes a CIL charging authority, is to exercise specified functions in their area on behalf of the CIL charging authority. Joint committees may constitute the local planning authority for an area for the purpose of Part 2 of the PCPA 2004.

Lords Amendments 127, 128 and 146

79.     Lords Amendment 127 (subsection (1)) would expressly provide for an opportunity to assume liability for CIL before the commencement of development (subsection (2)(a)). This matter is currently left to regulations (see clause 200(4)(d)). Subsection (2)(b) would provide for any liability which is assumed to be assumed in accordance with CIL regulations.

80.     Where liability is not assumed before development is commenced, the amendment would provide that the CIL regulations must provide for an owner or developer of land to be liable for CIL. Subsection (7) of Lords Amendment 128 would define “owner” as a person who owns an interest in the land and “developer” as a person who is wholly or partly responsible for carrying out a development. It would also provide a power to provide for a person to be treated or not to be treated as an “owner” or “developer”. The intention here is to allow for CIL regulations to be able to provide that certain types of interests are to be included or excluded from default liability - for example, easements and profits.

81.     A new subsection (8) would provide powers to recoup CIL where an exemption or reduction has been provided in circumstances where the description or purpose of the development changes.

82.     A definition of CIL liable development is given in subsection (1) of Lords Amendment 128. “Development” means “anything done by way of or for the purpose of the creation of a new building, or anything done to or in respect of an existing building”. Subsection (2) would provide a regulation making power to exclude works or changes of use from this definition of development and to provide for the creation of, or for anything done to or in respect of, a structure to fall within it.

83.     Subsection (4) relates to how “development” has been defined in subsection (1) of this new clause and the operation of subsection (3) there. The obligation in subsection (3) may be interpreted as requiring any definition of commencement of development to relate only to development of the sort defined by subsection (1) - something done specifically in relation to a building (or structure). Subsection (4) is intended to allow for the commencement of development to be defined by reference to other works which may be authorised by a planning permission that also authorises the building works for which there is CIL liability.

84.     Lords Amendment 146 is principally connected to the new provisions which would be inserted by Lords Amendment 127 on the assumption of liability. It would provide power for CIL regulations to make enforcement related provision about the consequences of failure to assume liability, to give notice or comply with some other procedure under CIL regulations connected with CIL.

Lords Amendments 129

85.     Lords Amendment 129 would provide a new clause relating to exemptions to or reductions in CIL for charities. The first subsection would provide a duty that CIL regulations must provide for an exemption from liability to pay CIL to certain classes of charity (which are defined in subsection (4)). This duty would apply where the building or structure in respect of which CIL liability arises is to be wholly or mainly used for a charitable purpose of the charity concerned. Subsection (2) would expressly provide two powers. First, a power in CIL regulations to provide an exemption or reduction in CIL to institutions established for charitable purposes. Secondly, a power to require charging authorities to make arrangements for an exemption or reduction in CIL to institutions established for charitable purposes. Subsection (5) would define for the purposes of subsection (2) that a charitable purpose is one falling within section 2(2) of the Charities Act 2006. Subsection (3) would contain a power to prescribe conditions which must be met in order for a charity to qualify for an exemption or reduction under subsection (1) or (2).

Lords Amendments 130 to 138 and 140

86.      Lords Amendments 130 to 134 would amend clause 201 (“Amount”). Lords Amendment 130 would require charging authorities which propose to charge CIL to issue a document known as a charging schedule which would set out the CIL rates for their area. It would also require charging authorities (by virtue of a new subsection (2)), in setting their CIL to have regard to the actual and expected costs of infrastructure and to the actual and expected sources of funding for infrastructure (in the manner and extent specified by regulations). Lords Amendment 130 would amend this subsection, substituting paragraph (b) which relates to increases in value arising from planning permission. The requirement would be to have regard to matters specified by CIL regulations relating to the economic viability of development (such as the economic effects of planning permission or of the imposition of CIL).

87.     Lords Amendment 131 would expressly allow for CIL regulations to make other provision about setting CIL rates or other criteria and would have the effect with the second new subsection it inserts of making the matters listed in clause 201(3)(c), (d) and (h) examples of how this new express power may be exercised.

88.     Lords Amendments 132, 133 and 134 are consequential to Lords amendment 130 and would delete clause 201(3) (a), (b), (e) and (g) which listed the matters that are now mandatory (that is, they have to be taken into account or in the case of a charging schedule, must be produced) because of Lords Amendment 130.

89.     Lords Amendment 136 would insert a new subsection into clause 201 to provide an express power for charging authorities to undertake preparatory work, including consultation. Regulations might set out limits on the use of the power. Clause 226 provides that this new subsection will come into force by order made by the Secretary of State.

90.     Lords Amendment 135 would amend clause 201 to allow for the CIL regulations to permit or require a charging schedule to set out zero-rates of CIL.

91.     Lords Amendment 137 would delete subsection (6) from clause 201. This contains a requirement for regulations to make provision for appeals on questions of fact relating to how the amount of CIL is calculated. The Government wishes to delete subsection (6) because the duty is repeated in subsection (1) of the new clause which would be inserted by Lords Amendment 142. The amendment would also omit subsection (7) because of other changes to the clause which would mean it does not refer to publication.

92.     Lords Amendment 138 would amend clause 201, inserting 3 new subsections. The first would empower CIL regulations to require charging authorities to provide an estimate of the amount of CIL chargeable on individual development proposals in specified circumstances. The second subsection would expressly empower charging authorities to revise their charging schedule. The third subsection would make it clear that the requirements for the examination, approval and bringing into effect of charging schedules apply to revisions in the same way as to the production of the first charging schedule.

Lords Amendment 139

93.     Lords Amendment 139 would insert a new clause (charging schedule: examination) after clause 201 dealing with the examination of charging schedules. Subsection (1) would require charging authorities to appoint an examiner to examine their draft charging schedule before they approve it. Subsection (2) would require the charging authority to satisfy itself that the examiner it appoints for these purposes is independent of it and has appropriate qualifications and experience. Subsection (3) would allow a charging authority to appoint assistants to assist the examiner, in agreement with the examiner.

94.     Subsection (4) would require the draft charging schedule submitted to the examiner to be accompanied by a declaration that the charging authority has complied with a number of requirements. These are, first, any requirements under Part 11 (including CIL regulations). This would include procedural requirements relating to the preparation of the draft and that the authority has had regard to the costs of infrastructure, economic viability and other sources of funding for infrastructure. Second, that the charging authority has used appropriate evidence to inform the schedule and, last, any other matters prescribed in CIL regulations.

95.     The certificate would have to be approved either by the Mayor personally or in the case of other charging authorities, at a meeting of the authority by a majority of the members present (see subsections (5) and (6)).

96.     Subsection (7) would require the examiner to consider the matters listed in subsection (4) and make a recommendation that the schedule be approved, approved with modifications or rejected. The examiner would be required to give reasons for the recommendations and the charging authority must publish both the recommendations and reasons for them. Subsection (9) would require CIL regulations to require the charging authority to give any person who requests it an opportunity to make oral representations in person at the examination and would allow for regulations to set out the procedures to be followed in order to claim this right.

97.     Subsection (10) would insert a new subsection into this new clause so that regulations may provide for examiners to be able to correct errors in their decisions before or after the charging schedule is approved.

98.     Subsection (11) would provide a power for a charging authority to withdraw a draft charging schedule (that is, before it is approved by them).

Lords Amendment 140

99.     Lords Amendment 140 would deal with the approval of draft charging schedules and inserts a new clause (“Charging schedule: approval”) after clause 201. Subsection (1) would provide that a charging authority may only approve a schedule if the examiner recommended approval and with any modifications the examiner recommended. Subsection (2) would provide that a charging authority (other than the Mayor) must approve a charging schedule at a meeting of the authority and by a majority of votes of the members present. Subsection (3) would provide that the Mayor must approve a charging schedule personally.

100.     Subsection (4) would provide that regulations may provide for charging authorities to be able to correct errors in the charging schedule after it is approved.

Lords Amendment 141

101.     Lords Amendment 141 would insert a new clause (“Charging schedule: effect”) after clause 201. The clause deals with how a charging schedule may be brought into effect after it has been approved by a charging authority and permits charging authorities to decide that a charging schedule is to cease to have effect. Subsection (1) would specify that an approved charging schedule will not take effect until it has been published by the charging authority. Subsection (2) would provide for regulations to make provision about the publication of a charging schedule after it has been approved.

102.     Subsection (3) would provide for a charging authority to decide that a charging schedule is no longer to have effect and subsection (4) would provide that regulations may specify circumstances in which an authority may make that decision. Subsection (5) would require that a decision to cease charging CIL must be taken by a majority of members of a charging authority (other than the Mayor of London) at a meeting of that authority. In the case of the Mayor, such a decision would have to be taken personally.

Lords Amendments 127 and 142

103.     Lords Amendment 142 would insert a new clause (“Appeals”) after clause 201. Subsection (1) would require CIL regulations to provide for a right of appeal on a question of fact relating to the calculation of the amount of CIL due from individual development proposals. Such appeals would be heard by a person appointed by the Commissioners for Her Majesty’s Revenue and Customs. Subsection (2) would require that the person who is so appointed to hear an appeal must be a valuation officer (appointed under section 61 of the Local Government Finance Act 1988 (c.41) or a district valuer (within the meaning of section 622 of the Housing Act 1985).

104.     Subsection (3) would specify particular matters that CIL regulations may make provision about in respect of these appeals and appeals under subsection (5)(d) of the new clause inserted by Lords Amendment 127 (appeals on the amounts of CIL liability apportioned between different parties). These are the period within which the right of appeal may be exercised, appeal procedures and the awarding of costs and the payment of fees for an appeal.

105.     Subsection (4) would provide that, in the event of any proceedings for judicial review of an appeal on a matter of fact, the defendant shall be the Commissioners for Her Majesty’s Revenue and Customs and not the person who determined the appeal.

Lords Amendment 144

106.      Lords Amendment 144 would have the effect of omitting subsection (8) of clause 202. Subsection (8) relates to the powers in clause 202(5)(a). It enables the power there to require the publication of a list of projects to be funded by CIL also to be used to require such a list to be made available, for example, to the public at certain offices during certain hours. The power to require something to be made available, however, would exist in clause 205 as amended.

Lords Amendment 145

107.     Lords Amendment 145, whilst it would be made to clause 203, relates to the powers in clause 202(7)(a) and (c). It is intended to ensure that the powers in those two provisions apply in relation to a public authority which collects CIL, in addition to a charging authority. In particular, the amendment would give regulation-making powers to require collecting authorities to account separately for CIL which has been received or which is due and about requiring collecting authorities to report about the collection of CIL.

Lords Amendments 147 to 150

108.     Lords amendment 148 would in effect mean that the powers to make provision about the enforcement of CIL extend to cases of the death and insolvency of the liable party.

109.     Lords Amendments 147 to 149 are intended to replace the power in clause 204(3)(c) relating to the registration of local land charges and in doing so make provision about the extent of the powers in relation to such charges.

110.     There are two strands to the latter amendment and the new subsection it would insert. First, local land charges registers are, amongst other things, a source of information about potential or contingent liabilities in relation to land (for example, see the general charge which may be registered under section 6(2) of the Local Land Charges Act 1975 and section 106(11) which relates to planning obligations). In addition, the register of planning applications which is maintained by local planning authorities under article 25 of the Town and Country Planning (General development Procedure) Order 1995 is also a register which is open to the public providing details in connection with planning applications and permission. Paragraphs (b), (d) and (e) of the new subsection are in part concerned with providing powers in CIL regulations for information about potential or contingent liability for CIL to be recorded in a local land charges register or the register maintained under article 25 of the 1995 Order (and to ensure that it is removed where it becomes out of date).

111.     Secondly, local land charges are a device for charging liability to land and ensuring that successive owners are liable for that charge (see, for example, sections 1(1)(a) and 7 of the Local Land Charges Act 1975 or section 106(3) and (11) of the TCPA 1990). Compensation is payable in the event of failure to register a local land charge under section 10 of the 1975 Act. New paragraph (c) of the subsection would make express provision allowing for enforcement of liability for CIL which has become a local land charge against successive owners and by way of sale or other disposition (but only with the consent of a court, which is narrower than section 7 of the 1975 Act).

112.     Paragraphs (a), (b) and (e) of the new subsection would also allow for regulations to provide for the creation, registration and the cancellation of the registration of this latter type of local land charge.

113.     Lords Amendment 150 would insert a number of new subsections into clause 204. The first subsection would provide regulation-making powers to ensure that regulations on application, collection and enforcement (under clauses 202 to 204) can make provision in relation to interest, penalties and surcharges.

114.     The second subsection would restrict the level of penalties or surcharges that may be imposed under CIL regulations. They will not be able to exceed the higher of 30% of any outstanding CIL or £20,000. The third subsection in effect would provide that these new limitations do not apply cumulatively but only in respect of each surcharge or penalty provided for under CIL regulations. The final subsection would ensure that CIL regulations cannot authorise entry to a private dwelling without a warrant from a justice of the peace.

Lords Amendments 143 and 151

115.     Lords Amendment 151 would provide a new clause relating to compensation. In particular it would allow CIL regulations to require a charging or other authority to pay compensation for loss and damage caused by enforcement action that has been improperly taken by them (see subsection (1)). “Enforcement action” would be defined in subsection (2) to be action taken under regulations made under clause 204. It would include the suspension or cancellation of a decision relating to planning permission and the prohibition of development pending assumption of CIL liability or the payment of CIL.

116.     Regulations under this clause could not require the payment of compensation to a person who has failed to satisfy their liability for paying CIL. In the event of dispute, the quantum of compensation which is payable in accordance with the regulations might be determined by the Lands Tribunal (see subsections (3) and (6)). Powers would also be provided to deal with the time and manner in which a claim for compensation must be made and how compensation is to be calculated, as well as powers to permit or require charging authorities to apply CIL to expenditure incurred under this clause - for example, in respect of compensation they must pay. Lords Amendment 143 would make a consequential amendment to clause 202(1). It would provide that the duty there to spend CIL on infrastructure is to be subject to the provision in this new clause allowing for CIL to be spent on expenditure relating to this compensation.

117.     Finally, subsection (7) of this new clause (which is equivalent in terms to section 186(7) of the TCPA 1990) would apply sections 2 and 4 of the Land Compensation Act 1961 to determinations by the Land Tribunal under subsection (6) subject to any necessary modifications and to the provisions of CIL regulations. Sections 2 and 4 of the 1965 Act cover procedures on a reference to the Lands Tribunal and the award of costs by the Tribunal.

Lords Amendments 127, 141 and 152 to 155

118.     Lords Amendment 152 would provide a power for CIL regulations to make provision about the procedures to be followed by a charging authority in relation to charging CIL. The Government intends the regulations to cover procedures to be followed in relation to setting and revising rates of CIL to the extent that this is not dealt with expressly in the Bill, and to cover procedural matters that do not fall within clause 205(2)(a) or (b).

119.     Lords Amendment 153 would provide a power for CIL regulations to make provision about procedures to be followed in connection with actual or potential liability for CIL. It is connected with the new clause which would be inserted by Lords Amendment 127 relating to liability. The Government intends to provide the necessary powers to impose procedural requirements on how liability may, for example, be assumed or transferred - such as the form and contents of any notice which must be served on a charging authority or another party and the form which service of such a notice may or must take.

120.     Lords Amendment 154 would insert another subsection into clause 205. The new subsection specifically relates to procedures to be followed in connection with exemptions or reductions of CIL. For example, Article 88(3) of the EC Treaty requires State aids within Article 87(1) of that Treaty to be pre-notified to the European Commission. Under certain circumstances, a reduction or exemption from CIL may constitute such an aid. However, pre-notification is not necessary in cases covered by what are called block exemptions. For example, there is a block exemption (see Commission Regulation (EC) 69/2001) which allows for aid up to a ceiling of 200,000€ over a three year rolling period but not in relation to certain sectors and provided that certain information is obtained from a potential beneficiary and given to that beneficiary. The new subsection is intended to provide the powers to ensure that reductions or exemptions can be given which operate within the restrictions imposed under block exemptions.

121.     Lords Amendment 155 would insert a new subsection into clause 205. It would provide that a power in Part 11 to make provision about the publication of a thing includes a power to make provision about making it available. The relevant powers in the Bill where this new provision would apply are to be found in subsection (2) of the new clause about how charging schedules come into effect (inserted by Lords Amendment 141 and clause 202(5)(a).

Lords Amendments 156 and 157

122.     Lords Amendment 156 would remove subsections (1) to (4) of clause 206. These subsections provide powers for CIL regulations to confer on the Secretary of State powers of intervention to control the imposition, collection and application of CIL.

123.     Lords Amendment 157 would amend subsection (5) of clause 206 to provide the Secretary of State with a power to give guidance to the person appointed by a charging authority to carry out the independent examination of a charging schedule. The examiner would need to have regard to that guidance.

Lords Amendments 158, 159, 161, 163, 171 and 172

124.     Lords Amendment 158 would extend the power in clause 207(1)(c) for CIL regulations to make provision for exceptions so that exceptions can also be provided for in a charging schedule. An example of how this power might be used would be to provide for exceptional cases where the development would be not be viable unless a nil or reduced CIL were payable. It may be desirable for exceptions to be set locally by individual charging authorities rather than nationally by the Secretary of State and this amendment would provide that flexibility.

125.     The power in clause 214(1)(d) for CIL regulations to confer a discretionary power would be extended by Lords Amendment 159 so that a charging schedule can also confer a discretionary power. The purpose of this amendment is to ensure that where exceptions are provided for in a charging schedule, the charging schedule can also provide that the issue of whether the proposed development falls within the scope of the exception may be determined by an independent third party.

126.     Lords Amendment 161 would also make provision in connection with the order-making power in clause 204(6) and the order-making power described below, which would be inserted by Lords Amendment 163, for the repeal of the Planning-gain Supplement (Preparations) Act 2007.

127.     It would require that all the orders are made by statutory instrument and would provide that, although they may include provision of the sort in clause 207(1)(a), (b), or (f), they cannot amend an Act of Parliament. The amendment (subsection (4)) in the case of the first order-making power would also provide that an order is subject to annulment in pursuance of a resolution of either House of Parliament. In the case of the second order-making power (see subsection (5)), the amendment would provide that an order is subject to annulment in pursuance of a resolution of the House of Commons only.

128.     Lords Amendments 171 and 172 are connected amendments to clause 217. Their effect would be to ensure that the provisions in that clause do not apply to any of the above order-making powers.

Lords Amendment 160

129.     Lords Amendment 160 would amend clause 207 to alter the procedure by which the CIL regulations would be made.

130.     At present clause 207(2) provides that CIL regulations may not be made unless a draft has been laid before and approved by resolution of the House of Commons only. The amendment would stipulate a period of sixty days between the draft regulations being laid and their approval by resolution of the House of Commons. During this sixty day period, either House would be able to debate, or pass a resolution relating to, the regulations, or refer the regulations to any committee for a report. Before the House of Commons would be able to approve the regulations, the Secretary of State would be required to respond to any views expressed by either House in any debate or resolution.

Lords Amendment 162

131.     Lords Amendment 162 would insert a new clause (Community Infrastructure Levy: amendments) into the Bill after clause 208 making amendments to a number of Acts. In particular, subsection (1) would amend section 101 of the Local Government Act 1972 by inserting a new subsection (6A). This would specify that Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6) of section 101. Subsection (6) prevents the application of section 101 (which permits, for example, local authorities to delegate their functions to their officers, committee and sub-committees) with respect to functions relating to levying a rate.

132.     Subsection (2) of the amendment amends section 9 of the Norfolk and Suffolk Broads Act 1988. Specifically section 9(8) provides, in broad terms, that the Broads Authority may delegate its functions relating to its navigation area only to its Navigation Committee. The effect of subsection (2) would be that this restriction does not apply to CIL functions of the Broads Authority (its functions under Part 11 of the Bill).

133.     Subsection (3) of the new clause would amend section 71(3) of the Deregulation and Contracting Out Act 1994. Section 71(1)(c) of that Act prevents an order under section 70 of that Act from being made which would permit a local and other authority from contracting out “a power or right of entry, search or seizure into or of any property”. Subsection (3) would amend section 71(3) of the 1994 Act so that this restriction in section 71(1)(c) does not apply in relation to collection and enforcement powers under Part 11 (much like the existing provision in subsection (3) relating to, for example, the business improvement district levy and council tax).

134.     Finally, subsection (4) would amend section 38 of the Greater London Authority Act 1999. Section 38 permits the Mayor of London to delegate his functions to certain persons who include Transport for London, the London Development Agency, the Common Council of the City of London and a local authority. Subsection (4) would prevent the Mayor from delegating his functions under Part 11 to these persons (though he would be able to delegate these functions to the Deputy Mayor or any member of staff of the Greater London Authority).

Lords Amendment 163 and 183

135.     Lords Amendment 163 would provide a power to the Treasury to repeal by order the Planning-gain Supplement (Preparations) Act 2007 (“the 2007 Act”). Amendment 183 would make a connected amendment to clause 225 to the effect that the extent of an order repealing the 2007 Act will be UK wide (which is the extent of the 2007 Act).

Lords Amendments 164 to 167

136.     Lords Amendment 164 would remove clause 211 from the Bill. The Government now takes the view that this clause is unnecessary and might give the (incorrect) impression that there is an intention to override parliamentary privilege in relation to parliamentary scrutiny of national policy statements.

137.     Other provisions of the Bill will continue to make express provision about the application of the Bill to Parliament.

138.     Lords Amendment 166 would make it clear that the definition of “Crown interest” is not applicable to the reference to Crown interests in clause 203 (on the collection of the Community Infrastructure Levy).

139.     Lords Amendments 165 and 167 would make minor drafting amendments in consequence of Lords Amendment 166.

Lords Amendments 168

140.     Lords Amendment 168 would make a minor amendment to clause 214(1)(e) by removing the words “(subject to subsection (4[rj3]))”. In clause 214(1), paragraphs (c), (e) and (f)(ii) are all qualified by subsection (4). Paragraphs (c) and (f)(ii) do not contain express provision to that effect and (for consistency) Lords Amendment 168 therefore removes the express words from paragraph (e) too.