The Community Infrastructure Levy Regulations 2010

PART 9 E+W ENFORCEMENT

CHAPTER 1 E+W SURCHARGES AND INTEREST

Surcharge for failure to assume liability E+W

80.  A collecting authority may impose a surcharge of £50 on each person liable to pay CIL in respect of a chargeable development if—

(a) nobody has assumed liability to pay CIL in respect of the chargeable development; and

(b) the chargeable development has been commenced.

Commencement Information

I1 Reg. 80 in force at 6.4.2010, see reg. 1

Surcharge: apportionment of liability E+W

81.—(1) Where a collecting authority is required to apportion liability to pay CIL between each material interest in the relevant land, it may impose a surcharge of £500 in respect of each of those interests.

(2) A surcharge imposed in respect of a material interest under paragraph (1) is payable by the owner of that interest.

(3) A surcharge is not payable under this regulation where the collecting authority is required to apportion a surcharge.

Commencement Information

I2 Reg. 81 in force at 6.4.2010, see reg. 1

Surcharge for failure to submit a notice of chargeable development E+W

82.—(1) Where—

(a) planning permission is granted for a chargeable development (D) by way of a general consent; and

(b) D is commenced before the collecting authority has received a notice of chargeable development,

the collecting authority may impose a surcharge equal to 20 per cent of the chargeable amount payable in respect of D or £2500, whichever is the lower amount.

(2) Where the collecting authority is required to apportion liability between each material interest in the relevant land in respect of D—

(a) the surcharge must be apportioned on the same basis; and

(b) the owner of a material interest must pay the part of the surcharge apportioned to that interest.

(3) In all other cases the surcharge is payable by the person liable to pay CIL in respect of D.

Commencement Information

I3 Reg. 82 in force at 6.4.2010, see reg. 1

Surcharge for failure to submit a commencement notice E+W

83.—(1) Where a chargeable development (D) is commenced before the collecting authority has received a valid commencement notice in respect of D, the collecting authority may impose a surcharge equal to 20 per cent of the chargeable amount payable in respect of D or £2500, whichever is the lower amount.

(2) Where a person has assumed liability to pay CIL in respect of D, the collecting authority must notify in writing each person known to it as an owner of the relevant land of the imposition of the surcharge.

(3) Where the collecting authority is required to apportion liability between each material interest in the relevant land in respect of D—

(a) the surcharge must be apportioned on the same basis; and

(b) the owner of a material interest must pay the part of the surcharge apportioned to that interest.

(4) In all other cases the surcharge is payable by the person liable to pay CIL in respect of D.

Commencement Information

I4 Reg. 83 in force at 6.4.2010, see reg. 1

Surcharge: disqualifying events E+W

84.—(1) This regulation applies where a person who is required to notify the relevant authority of a disqualifying event fails to do so before the end of the period of 14 days beginning with the day on which the disqualifying event occurs.

(2) The relevant authority may impose a surcharge equal to 20 per cent of the chargeable amount payable in respect of the chargeable development to which the disqualifying event relates, or £2500, whichever is the lower amount.

(3) Where the disqualifying event occurs before commencement of the chargeable development, the surcharge is payable on commencement of that chargeable development.

(4) In all other cases the surcharge is payable on the day that it is imposed.

(5) Where the disqualifying event occurs in relation to a grant of social housing relief, the surcharge is payable by the relevant person within the meaning of regulation 53(10).

(6) Where the disqualifying event occurs in relation to a grant of charitable relief, an owner of a material interest in the relevant land in respect of which charitable relief was granted must pay an appropriate portion of the surcharge.

(7) The appropriate portion is an amount which bears to the total surcharge the same proportion as the value of the material interest bears to the total value of all the material interests in the relevant land in respect of which charitable relief was granted.

(8) For the purposes of paragraph (7) the value of a material interest must be determined in accordance with paragraphs (4) and (5) of regulation 34.

(9) Paragraphs (10) and (11) apply where the disqualifying event occurs in relation to a grant of relief for exceptional circumstances.

(10) Where liability in respect of the chargeable development is apportioned between each material interest in the relevant land—

(a) the surcharge must be apportioned on the same basis; and

(b) the owner of a material interest must pay the part of the surcharge apportioned to that interest.

(11) In all other cases the surcharge is payable by the person liable to pay CIL in respect of the chargeable development.

(12) In this regulation “relevant authority” means—

(a) where the disqualifying event occurs in relation to a grant of relief for exceptional circumstances, the charging authority;

(b) in all other cases, the collecting authority.

Commencement Information

I5 Reg. 84 in force at 6.4.2010, see reg. 1

Surcharge for late payment E+W

85.—(1) Where—

(a) a person (P) is liable to pay an amount (A) under these Regulations; and

(b) A is not received in full after the end of the period of 30 days beginning with the day on which payment of A is due,

the collecting authority may impose a surcharge on P equal to five per cent of A or £200, whichever is the greater amount.

(2) If any part of A is not received after the end of the period of six months beginning with the day on which payment of A is due, the collecting authority may impose a surcharge on P equal to five per cent of the unpaid amount or £200, whichever is the greater amount.

(3) If any part of A is not received after the end of the period of 12 months beginning with the day on which payment of A is due, the collecting authority may impose a surcharge on P equal to five per cent of the unpaid amount or £200, whichever is the greater amount.

Commencement Information

I6 Reg. 85 in force at 6.4.2010, see reg. 1

Surcharge for failure to comply with an information notice E+W

86.—(1) This regulation applies where a person (P) fails to comply with any requirement of an information notice before the end of the period of 14 days beginning with the day on which the notice is served.

(2) The collecting authority may impose a surcharge on P equal to 20 per cent of the relevant amount or £1000, whichever is the lower amount.

(3) In paragraph (2) “relevant amount” means the amount of CIL P is liable to pay in respect of the chargeable development.

Commencement Information

I7 Reg. 86 in force at 6.4.2010, see reg. 1

Late payment interest E+W

87.—(1) Where—

(a) a person (P) is liable to pay an amount (A) under these Regulations; and

(b) A is not received (in whole or in part) on the day payment of A is due,

P must pay interest (“late payment interest”) on the relevant amount.

(2) Late payment interest must be calculated—

(a) for the period starting on the day after the day payment was due and ending on the day the unpaid amount is received; and

(b) at an annual rate of 2.5 percentage points above the Bank of England base rate.

(3) Late payment interest is not payable on late payment interest.

(4) Paragraph (2)(a) applies even if the day on which payment of A is due is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882(1) (computation of time).

(5) In this regulation “relevant amount” means—

(a) where A is an unpaid instalment (payable in accordance with regulation 70), the unpaid balance of the amount payable by P in respect of the chargeable development;

(b) in all other cases the unpaid amount.

Commencement Information

I8 Reg. 87 in force at 6.4.2010, see reg. 1

Surcharges and interest: general E+W

88.—(1) A surcharge or interest payable by a person under this Chapter must be collected by treating it as if it were part of the CIL that person is liable to pay.

(2) A surcharge or interest paid to a collecting authority under this Chapter must be treated for the purposes of Part 7 as if it were CIL.

Commencement Information

I9 Reg. 88 in force at 6.4.2010, see reg. 1

CHAPTER 2 E+W CIL STOP NOTICES

Preliminary steps E+W

89.—(1) This regulation applies if—

(a) an amount which has become payable in respect of a chargeable development has not been paid; and

(b) the collecting authority considers it expedient that development should stop until the amount has been paid.

(2) The collecting authority may issue a notice warning of its intention to impose a CIL stop notice (“warning notice”) in respect of the chargeable development.

(3) A warning notice must be served on—

(a) the person who is liable for the unpaid amount;

(b) each person known to the authority as an owner of the relevant land;

(c) each person known to the authority as an occupier of the relevant land; and

(d) any other person whom the collecting authority considers may be materially affected by a CIL stop notice.

(4) A warning notice must be in writing and must—

(a) state the date of the notice;

(b) set out the authority’s reasons for issuing the warning notice;

(c) state the unpaid amount;

(d) state that payment of the unpaid amount is due in full immediately;

(e) state the period after which a CIL stop notice may be issued if the unpaid amount is not paid (which must not be less than three days or more than 28 days after the warning notice is issued); and

(f) specify the effect of, and possible consequences of failure to comply with, a CIL stop notice(2).

(5) The collecting authority must display a copy of the warning notice on the relevant land.

Commencement Information

I10 Reg. 89 in force at 6.4.2010, see reg. 1

Service of CIL stop notice E+W

90.—(1) This regulation applies if—

(a) the collecting authority has issued a warning notice in respect of a chargeable development; and

(b) the amount specified in the warning notice is unpaid (in whole or in part) at the end of the period specified in the notice.

(2) The collecting authority may serve a CIL stop notice in respect of the chargeable development.

(3) A CIL stop notice must be served on—

(a) the person who is liable to pay the unpaid amount;

(b) each person known to the authority an owner of the relevant land;

(c) each person known to the authority as an occupier of the relevant land; and

(d) any other person whom the collecting authority considers may be materially affected by the CIL stop notice.

(4) The CIL stop notice must be in writing and must—

(a) state the date on which it is to take effect;

(b) set out the authority’s reasons for issuing the notice;

(c) state the unpaid amount;

(d) state that payment of the unpaid amount is due in full immediately;

(e) specify the relevant activity which must cease; and

(f) specify the possible consequences of failure to comply with the notice.

(5) In paragraph (4)(e) “relevant activity” means any activity connected with the chargeable development which is specified in the CIL stop notice as an activity which the collecting authority requires to cease, and any activity carried out as part of that activity or associated with that activity.

(6) The collecting authority must display a copy of the CIL stop notice on the relevant land.

(7) A CIL stop notice does not prohibit any works on the relevant land which are necessary in the interests of health and safety.

(8) A CIL stop notice has effect from the date specified in the notice until the date it is withdrawn by the collecting authority.

Commencement Information

I11 Reg. 90 in force at 6.4.2010, see reg. 1

Withdrawal of a CIL stop notice E+W

91.—(1) A collecting authority may withdraw a CIL stop notice at any time (without prejudice to its power to issue another) by serving written notice to that effect on the persons served with the CIL stop notice.

(2) A collecting authority must withdraw a CIL stop notice when the unpaid amount stated in the notice is paid in full to the collecting authority.

(3) A collecting authority which withdraws a CIL stop notice must display a notice of the withdrawal on the relevant land in place of the CIL stop notice.

(4) A CIL stop notice ceases to have effect on the day the collecting authority serves notice of its withdrawal.

Commencement Information

I12 Reg. 91 in force at 6.4.2010, see reg. 1

Registration of a CIL stop notice E+W

92.—(1) The register kept under section 188 of TCPA 1990 (register of enforcement and stop notices) must, in addition to the information specified in subsection (1) of that section, include the following information in respect of every CIL stop notice issued in relation to land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its location can be ascertained;

(b) details of the relevant planning permission sufficient to enable it to be identified;

(c) the name of the collecting authority;

(d) the date of issue of the notice;

(e) the date of service of the notice;

(f) the date specified in the notice as the date on which it is to take effect; and

(g) a statement or summary of the activity prohibited by the notice.

(2) All entries relating to a CIL stop notice must be removed from the register if the notice is withdrawn or quashed.

(3) Where a collecting authority which does not maintain a register issues a CIL stop notice it must—

(a) supply the information specified in paragraph (1) to the authority which maintains the register for the land to which the notice relates; and

(b) inform that authority in writing if the CIL stop notice is withdrawn or quashed.

(4) The information specified in paragraph (1) must be entered in the register as soon as practicable and in any event before the end of the period of 14 days beginning with the day on which the CIL stop notice is issued.

Commencement Information

I13 Reg. 92 in force at 6.4.2010, see reg. 1

Offence E+W

93.—(1) A person commits an offence if the person contravenes a CIL stop notice—

(a) which has been served on that person; or

(b) a copy of which has been displayed in accordance with regulation 90(6).

(2) Contravention of a CIL stop notice includes causing or permitting the contravention of the notice.

(3) An offence under this regulation may be charged by reference to a day or a longer period of time.

(4) A person may be convicted of more than one such offence in relation to the same CIL stop notice by reference to different days or periods of time.

(5) It is a defence for a person charged with an offence under this regulation to prove that—

(a) the CIL stop notice was not served on the person; and

(b) the person did not know, and could not reasonably have been expected to know, of its existence.

(6) A person convicted of an offence under this regulation is liable—

(a) on summary conviction, to a fine not exceeding £20,000; or

(b) on conviction on indictment, to a fine.

(7) In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.

Commencement Information

I14 Reg. 93 in force at 6.4.2010, see reg. 1

Injunctions E+W

94.—(1) A collecting authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended breach of a CIL stop notice to be restrained by injunction.

(2) On an application under this regulation the court may grant such an injunction as the court thinks fit for the purpose of restraining the breach.

(3) In this regulation “the court” means the High Court or a county court.

Commencement Information

I15 Reg. 94 in force at 6.4.2010, see reg. 1

CHAPTER 3 E+W RECOVERY OF CIL

Interpretation and application of Chapter 3 E+W

95.—(1) In this Chapter—

“authority concerned” means the collecting authority which applied for one or more liability orders against a debtor under regulation 97;

“charging order” means an order under regulation 103;

“debtor” means a person against whom a liability order has been made;

“liability order” means an order under regulation 97; and

“reminder notice” means a notice served under regulation 96.

(2) An amount which has become payable to a collecting authority under these Regulations and which has not been paid is recoverable in accordance with this Chapter.

Commencement Information

I16 Reg. 95 in force at 6.4.2010, see reg. 1

Liability orders: reminder notice E+W

96.—(1) Before a collecting authority applies for a liability order it must serve on the person against whom the application is to be made a notice (“reminder notice”) which must state every amount in respect of which the authority is to make the application.

(2) A reminder notice may be served in respect of an amount at any time after it has become due.

Commencement Information

I17 Reg. 96 in force at 6.4.2010, see reg. 1

Application for liability order E+W

97.—(1) Where the amount stated in a reminder notice is wholly or partly unpaid at the end of the period of seven days beginning with the day on which the reminder notice was served, the collecting authority may apply to a magistrates’ court for an order (“liability order”) against the person by whom it is payable.

(2) An application is instituted by making a complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why the person has not paid the outstanding amount.

(3) Section 127(1) of the Magistrates’ Courts Act 1980(3) (limitation of time) does not apply to such an application; but no application may be instituted in respect of an outstanding amount after the period of six years beginning with the day that amount became due.

(4) Section 55(2) of the Magistrates’ Courts Act 1980 (non-appearance of defendant) does not apply to any proceedings under this regulation.

(5) The court must make the liability order if it is satisfied that the amount has become payable by the defendant and has not been paid.

(6) An order made pursuant to paragraph (5) must be made in respect of an amount equal to the aggregate of—

(a) the outstanding amount; and

(b) an amount equal to the costs reasonably incurred by the collecting authority in obtaining the order.

(7) Where the outstanding amount is paid after an order has been applied for under paragraph (2) but before it has been made, the court must nonetheless (if so requested by the collecting authority) make the order in respect of an amount equal to the costs reasonably incurred by the authority in making the application.

(8) A single liability order may deal with one person and one such amount as is mentioned in paragraph (6) and (7) or, if the court thinks fit, may deal with more than one person and more than one such amount.

(9) No liability order may be made in pursuance of a summons issued under paragraph (2) before the end of the period of 14 days beginning with the day on which the summons was served.

(10) The amount in respect of which a liability order is made is enforceable in accordance with this Chapter; and accordingly for the purposes of Part 3 of the Magistrates’ Court Act 1980 (satisfaction and enforcement) it is not to be treated as a sum adjudged to be paid by order of the court.

Commencement Information

I18 Reg. 97 in force at 6.4.2010, see reg. 1

Distress E+W

98.—(1) Where a liability order has been made the authority concerned may levy the appropriate amount by distress and sale of goods of the debtor against whom the liability order was made.

(2) Without prejudice to paragraph (12) no person making a distress may seize any clothing, bedding, furniture, household equipment or provisions which are necessary for satisfying the basic domestic needs of the debtor and his family.

(3) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a) an amount equal to any amount which is or forms part of the amount in respect of which the liability order was made; and

(b) a sum in respect of charges connected with distress.

(4) Schedule 3 to the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(4) applies for the purpose of determining the sum referred to in paragraph (3)(b).

(5) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority must accept the amount and not proceed with the levy.

(6) Where an authority has seized goods of the debtor in pursuance of distress, but before sale of the goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority must—

(a) accept the amount and not proceed with the levy; and

(b) make the goods available for collection by the debtor.

(7) The person levying distress on behalf of the authority must—

(a) produce written evidence of the person’s authority, if so requested by the debtor;

(b) hand to the debtor, or leave at the premises where the distress is levied, a copy of this regulation and a memorandum setting out the appropriate amount; and

(c) hand to the debtor a copy of any close or walking possession agreement entered into.

(8) A distress may be made anywhere in England and Wales.

(9) No distress under this regulation may be made other than by a person who is authorised to act as a bailiff by a general certificate granted under section 7 of the Law of Distress Amendment Act 1888(5) (distress to be levied by certified bailiffs).

(10) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account.

(11) No person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress; but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.

(12) The provisions of this regulation do not affect the operation of any enactment which protects goods of any class from distress.

Commencement Information

I19 Reg. 98 in force at 6.4.2010, see reg. 1

Appeals in connection with distress E+W

99.—(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates’ court.

(2) The appeal must be instituted by making a complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

(3) If the court is satisfied that a levy was irregular, it may—

(a) order the goods distrained to be discharged if they are in the possession of the authority;

(b) by order award compensation in respect of any goods distrained and sold.

(4) The amount of compensation that may be awarded under paragraph (3)(b) is an amount equal to the amount which, in the opinion of the court, would be awarded by special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 98(11).

(5) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

Commencement Information

I20 Reg. 99 in force at 6.4.2010, see reg. 1

Commitment to prison E+W

100.—(1) A collecting authority may apply to a magistrates’ court for the issue of a warrant committing a debtor to prison where—

(a) the debtor is an individual;

(b) the authority has sought to levy an amount by distress under regulation 98 and the person making the distress reports that they were unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount; and

(c) the authority is able to demonstrate to the court that it is unable to recover the amount payable by the debtor by means of a charging order under regulation 103.

(2) On such an application being made the court must (in the debtor’s presence) inquire as to the debtor’s means and inquire whether the failure to pay the debt which led to the liability order being made against the debtor was due to the debtor’s wilful refusal or culpable neglect.

(3) If (and only if) the court is of the opinion that the failure to pay the debt was due to the debtor’s wilful refusal or culpable neglect it may if it thinks fit—

(a) issue a warrant of commitment against the debtor; or

(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.

(4) The warrant must be made in respect of the relevant amount; and the relevant amount for this purpose is the aggregate of—

(a) the appropriate amount mentioned in regulation 98(3), or (as the case may be) so much of it as remains outstanding; and

(b) a sum of an amount equal to the costs reasonably incurred by the collecting authority in respect of the application.

(5) The warrant—

(a) must state the relevant amount mentioned in paragraph (4);

(b) may be directed to the authority making the application and to such other persons as the court issuing it thinks fit; and

(c) may be executed anywhere in England and Wales by any person to whom it is directed.

(6) If—

(a) before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (7) is paid or tendered to the authority;

(b) after a term of imprisonment has been fixed and the issue of a warrant postponed, any amount the court has ordered the debtor to pay is paid or tendered to the authority; or

(c) after a warrant has been issued, the amount stated in it is paid or tendered to the authority,

the authority must accept the amount concerned, take no further steps as regards its recovery, and the debtor, if committed to prison, must be released.

(7) The amount referred to in paragraph (6)(a) is the aggregate of—

(a) the appropriate amount mentioned in regulation 98(3) (or so much of it as remains outstanding); and

(b) the authority’s reasonable costs incurred up to the time of payment or tender.

(8) Subject to paragraphs (9) and (10) the warrant must order that the debtor be imprisoned for a time specified in the warrant (which must not exceed three months) unless the amount stated in the warrant is paid sooner.

(9) Where—

(a) a warrant is issued after a postponement under paragraph (3)(b); and

(b) since the term of imprisonment was fixed but before the issue of the warrant, the amount mentioned in paragraph (4)(a) with respect to which the warrant would (but for the postponement) have been made has been reduced by a part payment,

the period of imprisonment ordered under the warrant must be the term fixed under paragraph (3) reduced by such numbers of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that amount.

(10) Where, after the issue of a warrant, a part payment of the amount stated in it is made, the period of imprisonment must be reduced by such number of days as bears to the total number of days in the term of imprisonment specified in the warrant less one day the same proportion as the part paid bears to the amount so stated.

(11) In calculating a reduction required under paragraphs (9) and (10)—

(a) any fraction of a day must be left out of account; and

(b) rule 55(1), (2) and (3) of the Magistrates’ Courts Rules 1981(6) (payment after imprisonment imposed) applies (so far as is relevant) to a part payment as if the imprisonment concerned were imposed for want of sufficient distress to satisfy a sum adjudged to be paid by a magistrates’ court.

Commencement Information

I21 Reg. 100 in force at 6.4.2010, see reg. 1

Commitment to prison: further provision E+W

101.—(1) A single warrant may not be issued under regulation 100 against more than one person.

(2) Where an application under regulation 100 has been made, and after the making of the inquiries mentioned in paragraph (2) of that regulation no warrant is issued or term of imprisonment fixed, the court may remit all or part of the appropriate amount mentioned in regulation 98(3) to which the application relates.

(3) Where an application under regulation 100 has been made but no warrant is issued or term of imprisonment fixed, the application may be renewed (except so far as regards any sum remitted under paragraph (2)) on the ground that the circumstances of the debtor have changed.

(4) A statement in writing to the effect that wages of any amount have been paid to the debtor during any period, purporting to be signed by or on behalf of the debtor’s employer, shall in any proceedings under regulation 100 be evidence of the facts there stated.

(5) For the purpose of enabling enquiry to be made as to the debtor’s conduct and means under regulation 100(2), a justice of the peace may—

(a) issue a summons to the debtor to appear before a magistrates’ court and (if the debtor does not obey the summons) issue a warrant for the debtor’s arrest; or

(b) issue a warrant for the debtor’s arrest without issuing a summons.

(6) A warrant issued under paragraph (5) may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within the constable’s police area.

Commencement Information

I22 Reg. 101 in force at 6.4.2010, see reg. 1

Magistrates’ courts E+W

102.—(1) A magistrates’ court must not under this Chapter hear a summons, entertain an application for a warrant or hold an inquiry as to means on such an application except when composed of at least two justices.

(2) Paragraph (1) is subject to any enactment authorising a District Judge (Magistrates’ Courts) or other person to act alone.

(3) References to a justice of the peace in regulations 97(2) and 99(2) must be construed subject to rule 2 of the Justices’ Clerks Rules 2005(7) (which authorises certain matters authorised to be done by a justice of the peace to be done by a justices’ clerk).

(4) In any proceedings under regulations 97, 99 or 100, a statement contained in a document constituting or forming part of a record compiled by the applicant authority is admissible as evidence of any fact stated in it of which direct oral evidence would be admissible.

(5) In paragraph (4) “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 100 includes a reference to an application made in the circumstances mentioned in regulation 101(3).

Commencement Information

I23 Reg. 102 in force at 6.4.2010, see reg. 1

Charging orders E+W

103.—(1) An application to the appropriate court may be made under this regulation where—

(a) a magistrates’ court has made one or more liability orders pursuant to regulation 97(5);

(b) the amount mentioned in regulation 97(6)(a) in respect of which the liability order was made, or, where more than one liability order was made, the aggregate of the amounts mentioned in regulation 97(6)(a) in respect of which each such liability order was made, is an amount the debtor is liable to pay under these Regulations; and

(c) at the time the application under this regulation is made at least £2000 of the amount in respect of which the liability order was made, or, where more than one liability order was made, the aggregate of the amounts in respect of which those liability orders were made, remains outstanding.

(2) The application which may be made to the appropriate court under this regulation is an application by the authority concerned for an order imposing a charge on a relevant interest to secure the due amount.

(3) Before making the application referred to in paragraph (2) the authority concerned must notify the debtor of its intention to do so.

(4) The notification must be in writing and—

(a) set out the authority’s reasons for seeking a charging order;

(b) specify the effect of a charging order; and

(c) state the due amount and the steps the authority concerned will take if payment of the due amount is not forthcoming.

(5) The notification must be sent to the debtor and any other person the authority considers may be prejudiced by the making of the charging order.

(6) Where the charge would be imposed on land the notification must be displayed on that land.

(7) If the authority concerned does not receive payment of the due amount within 21 days of the date of the notification, it may make the application referred to in paragraph (2).

(8) For the purposes of this regulation—

“appropriate court” has the meaning given in section 1 of the Charging Orders Act 1979(8) (charging orders);

“due amount” means the aggregate of—

(a)

an amount equal to any outstanding sum which is, or forms part of, the amount in respect of which the one or more liability orders referred to in paragraph (1)(a) were made, and

(b)

an amount equal to the costs reasonably incurred by the collecting authority in obtaining the charging order;

“relevant interest” means any interest held by the debtor beneficially in any asset of a kind mentioned in section 2(2) of the Charging Orders Act 1979 (property which may be charged).

Commencement Information

I24 Reg. 103 in force at 6.4.2010, see reg. 1

Charging orders: further provision E+W

104.—(1) In deciding whether to make a charging order, the court must consider all the circumstances of the case, and in particular any evidence before it as to—

(a) the personal circumstances of the debtor; and

(b) whether any other person would be likely to be unduly prejudiced by the making of the order.

(2) A charging order—

(a) must specify the interest on which the charge is imposed; and

(b) may, as the court thinks fit, be made absolutely or subject to conditions as to the time when the charge is to become enforceable or as to other matters.

(3) A charge imposed by a charging order has the like effect and is enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under the debtor’s hand.

(4) The court by which a charging order was made may at any time, on the application of the debtor or the collecting authority on whose application the order was made, make an order discharging or varying the charging order.

(5) Where a charging order has been protected by an entry registered under the Land Charges Act 1972(9) or the Land Registration Act 2002(10), an order under paragraph (4) discharging the charging order may direct that the entry be cancelled.

Commencement Information

I25 Reg. 104 in force at 6.4.2010, see reg. 1

Insolvency E+W

105.—(1) Where a liability order has been made against a debtor who is an individual, the amount due is deemed to be a debt for the purposes of section 267 of the Insolvency Act 1986(11) (grounds of creditor’s petition).

(2) Where a liability order has been made against a debtor which is a company, the amount due is deemed to be a debt for the purposes of section 122(1)(f) (winding up of companies by the court) or, as the case may be, 221(5)(b) (winding up of unregistered companies) of the Insolvency Act 1986.

Commencement Information

I26 Reg. 105 in force at 6.4.2010, see reg. 1

Recovery in a court of competent jurisdiction E+W

106.—(1) An amount—

(a) which has become payable to a collecting authority in accordance with these Regulations;

(b) which has not been paid; and

(c) in respect of which a liability order has not been made,

may (as an alternative to recovery under a liability order) be recovered in a court of competent jurisdiction.

(2) A liability order may not be made in respect of any amount in relation to which proceedings have been instituted under paragraph (1).

Commencement Information

I27 Reg. 106 in force at 6.4.2010, see reg. 1

Enforcement of local land charges E+W

107.—(1) This regulation applies where a collecting authority wishes to enforce a local land charge imposed under these Regulations in respect of a chargeable development.

(2) The collecting authority must notify—

(a) the owners of the relevant land; and

(b) any other person the authority considers may be prejudiced by enforcement of the charge,

of its intention to enforce the charge.

(3) The notification must—

(a) be in writing;

(b) be displayed on the relevant land;

(c) set out the collecting authority’s reasons for seeking to enforce the charge; and

(d) state the outstanding amount of CIL due in respect of the chargeable development and the steps the collecting authority will take if payment of that amount is not forthcoming.

(4) If the collecting authority does not receive payment of the amount referred to in paragraph (3)(d) within 21 days of the date of the notification, it may apply to a county court for consent to enforce the local land charge.

(5) In deciding whether to grant consent to enforce the charge the court must consider all the circumstances of the case, and in particular any evidence before it as to whether any person would be likely to be unduly prejudiced by enforcement of the charge.

(6) The collecting authority may not enforce a local land charge imposed in respect of the chargeable development if the outstanding amount of CIL due in respect of that development is less than £2000.

(7) For the purpose of enforcing a local land charge under this regulation, the collecting authority has all the same powers and remedies under the Law of Property Act 1925(12) and otherwise as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

Commencement Information

I28 Reg. 107 in force at 6.4.2010, see reg. 1

CHAPTER 4 E+W OTHER ENFORCEMENT PROVISIONS

Outstanding liabilities on death E+W

108.—(1) This regulation applies where—

(a) a person (the “deceased”) who is liable to pay CIL in respect of a chargeable development dies after that chargeable development is commenced; and

(b) at the time of the deceased’s death an amount which the deceased was liable to pay has not been paid.

(2) The deceased’s executor or administrator is liable to pay—

(a) the unpaid amount; and

(b) any interest, surcharges and costs applied to the unpaid amount, or imposed on the deceased in respect of the unpaid amount,

and may deduct out of the assets and effects of the deceased any payments made (or to be made).

(3) But liability of the executor or administrator does not arise until the service on that person of a notice requiring payment of the amounts referred to in paragraph (2).

(4) Where before the deceased’s death an amount in excess of the deceased’s liability for CIL has been paid and has not been repaid under regulation 75, the deceased’s executor or administrator is entitled to the amount.

(5) The liability of the executor or administrator under this regulation is a liability in the executor or administrator’s capacity as such.

(6) Insofar as it is relevant to the executor’s or administrator’s liability under this regulation in the administration of the deceased’s estate, the executor or administrator may initiate, continue or withdraw an appeal under regulation 117, 118 or 119.

(7) Any amount which an executor or administrator is liable to pay under this regulation may be recovered from the executor or administrator by the collecting authority in accordance with the provisions in Chapter 3 of this Part.

Commencement Information

I29 Reg. 108 in force at 6.4.2010, see reg. 1

[F1 Power to require information E+W

108A.   A collecting authority may require any owner of a material interest in any relevant land to provide it with such further information, documents or materials as the collecting authority considers relevant to assist it to ascertain whether a notice of chargeable development must be submitted under regulation 64(2).]

Textual Amendments

F1 Reg. 108A inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 10(1)

Powers of entry E+W

109.—(1) A person authorised in writing by a collecting authority may at any reasonable hour enter the relevant land—

(a) to ascertain whether a chargeable development has been commenced;

(b) to determine whether any of the powers conferred on a collecting authority by this Part should be exercised in relation to a chargeable development or the relevant land;

(c) to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to a chargeable development or the relevant land;

(d) to display any notice required to be displayed on land in accordance with these Regulations; F2 ...

(e) where a person has submitted a notice of chargeable development, for the purposes of gathering information required by the collecting authority in order for it to calculate the chargeable amount payable in respect of the chargeable development; [F3 or]

[F4 (f) where no notice of chargeable development has been submitted, for the purposes of gathering information required by the collecting authority in order for it to ascertain whether a notice of chargeable development must be submitted under regulation 64(2).]

(2) Paragraph (1) is subject to the following provisions of this regulation.

(3) A person may not enter the relevant land for the purpose mentioned in paragraph (1)(e) unless the collecting authority has first requested the information referred to in that paragraph in accordance with regulation 64(8).

[F5 (3A) A person may not enter the relevant land for the purpose mentioned in paragraph (1)(f) unless the collecting authority has first requested the information referred to in that paragraph in accordance with regulation 108A.]

(4) A person may not enter any part of the relevant land which is used as a private dwelling unless a justice of the peace has issued a warrant authorising the person to do so.

(5) A justice of the peace may only issue such a warrant if satisfied that there is good reason to believe that the collecting authority will not be able to enforce CIL without the warrant.

(6) A warrant issued under paragraph (4) remains in force—

(a) for one month; or

(b) until the purpose for which it is issued has been fulfilled,

whichever is the sooner.

(7) A person authorised in accordance with this regulation to enter the relevant land—

(a) must, if so required, produce evidence of the person’s authority, and state the purpose of the person’s entry, before entering; and

(b) may take such other persons as may be necessary.

(8) A person commits an offence if the person wilfully obstructs a person acting in the exercise of powers under this regulation.

(9) A person guilty of an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level three on the standard scale.

Textual Amendments

F2 Word in reg. 109(1)(d) revoked (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 10(2)(a)

F3 Word in reg. 109(1)(e) revoked (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 10(2)(b)

F4 Reg. 109(1)(f) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 10(2)(c)

F5 Reg. 109(3A) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 10(3)

Commencement Information

I30 Reg. 109 in force at 6.4.2010, see reg. 1

Offence for supplying false information E+W

110.—(1) It is an offence for a person, knowingly or recklessly, to supply information which is false or misleading in a material respect to [F6 a charging authority or] a collecting authority in response to a requirement under these Regulations.

(2) A person guilty of an offence under this regulation is liable—

(a) on summary conviction, to a fine not exceeding £20000; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

Textual Amendments

F6 Words in reg. 110(1) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 10(4)

Commencement Information

I31 Reg. 110 in force at 6.4.2010, see reg. 1

Prosecution of CIL offences E+W

111.  A collecting authority may prosecute proceedings for any offence under these Regulations.

Commencement Information

I32 Reg. 111 in force at 6.4.2010, see reg. 1

(1)

1882 c. 61; section 92 was amended by sections 3(1) and 4(4) of the Banking and Financial Dealings Act 1971 (c. 80).

(2)

As to the consequences of failure to comply with a CIL stop notice, see regulations 93 and 94.

(3)

1980 c. 43.

(4)

S.I. 1989/1058, relevant amending instruments are S.I. 1993/774, S.I. 1998/3089, S.I. 2003/2210, S.I. 2004/1013, S.I. 2006/3395 and S.I. 2007/501.

(5)

1888 c. 21; section 7 was amended by paragraph 2 of Schedule 8 to the Courts Act 1971 (c. 23) and section 74 of the Courts and Legal Services Act 1990 (c. 41).

(6)

S.I. 1981/552; relevant amending instruments are S.I. 2001/610 and S.I. 2005/617.

(7)

S.I. 2005/545.

(8)

1979 c. 53; section 1 was amended by paragraphs 2, 3 and 6 of Schedule 3 to the Administration of Justice Act 1982 (c. 53) and paragraph 71 of Schedule 2 to the County Courts Act 1984 (c. 28).

(9)

1972 c. 61.

(10)

2002 c. 9.

(11)

1986 c. 45.

(12)

1925 c. 20.