Levelling-up and Regeneration Act 2023 (c. 55)

Part 4 E+W Infrastructure Levy and Community Infrastructure Levy

140 Enforcement of Community Infrastructure Levy E+W

(1) In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute—

“(11) Regulations under this section creating a criminal offence may not provide for—

(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

(c) imprisonment for a term exceeding 2 years, on conviction on indictment.

(12) In subsection (11)(a), “the maximum term for summary offences” means—

(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) in relation to an offence committed after that time, 51 weeks.”

Commencement Information

I1 S. 140 not in force at Royal Assent, see s. 255(4)

I2 S. 140 in force at 31.1.2024 by S.I. 2024/92, reg. 2(h)