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The Community Infrastructure Levy Regulations 2010
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- UK Statutory Instruments
- 2010 No. 948
- PART 8
- Regulation 74
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Payment in kind [F1and infrastructure payments]: further provisionE+W
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74.—(1) This regulation applies where the CIL payable in respect of a chargeable development is payable (in whole or in part) by way of one or more land [F2or infrastructure] payments.
(2) References in regulations 36, 69 and 70 to an amount which is payable (however expressed) include references to a land [F3or infrastructure] payment which is payable.
(3) A land payment is deemed to have been received on the day on which the land which is the subject of the payment is acquired.
[F4(3A) An infrastructure payment is deemed to have been received on the day on which the funds to be used to provide that infrastructure have either been used to provide it or are subject to an arrangement made in accordance with regulation 73A(9)(b).]
(4) For the purposes of regulation 70—
(a)an instalment may be paid by way of a land payment [F5, an infrastructure payment] or in money, or a combination of the [F6three]; and
(b)more than one instalment may be paid by way of a given land [F7or infrastructure] payment.
(5) For the purposes of regulation [F870(8)], the unpaid balance must be paid in money.
(6) Where the collecting authority has determined a deemed commencement date in respect of the chargeable development in accordance with regulation 68, the amount of CIL payable in respect of that chargeable development is due in full and must be paid in money.
(7) An agreement to make a land [F9or infrastructure] payment is void if, and to the extent that, it purports to bind a charging authority to accept a land [F9or infrastructure] payment other than in accordance with these Regulations.
Textual Amendments
F1Words in reg. 74 heading inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(a)
F2Words in reg. 74(1) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(b)
F3Words in reg. 74(2) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(c)
F4Reg. 74(3A) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(d)
F5Words in reg. 74(4)(a) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(e)(i)
F6Word in reg. 74(4)(a) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(e)(i)
F7Words in reg. 74(4)(b) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(e)(ii)
F8Word in reg. 74(5) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(13)
F9Words in reg. 74(7) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(f)
Commencement Information
I1Reg. 74 in force at 6.4.2010, see reg. 1
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