Part 11Community Infrastructure Levy
212AF1Charging schedule: examiner's recommendations
1
This section applies in relation to the examination, under section 212, of a draft charging schedule.
2
If the examiner considers—
a
that there is any respect in which the drafting requirements have not been complied with, and
b
that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft,
the examiner must recommend that the draft be rejected.
3
Subsection (4) applies if the examiner considers—
a
that there is any respect in which the drafting requirements have not been complied with, and
b
that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.
4
The examiner must—
a
specify the respects in which the drafting requirements have not been complied with,
b
recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and
c
recommend that the draft be approved with—
i
those modifications, or
ii
other modifications sufficient and necessary to remedy that non-compliance.
5
Subject to subsections (2) to (4), the examiner must recommend that the draft be approved.
6
If the examiner makes recommendations under subsection (4), the examiner may recommend other modifications with which the draft should be approved in the event that it is approved.
7
If the examiner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved.