Levelling-up and Regeneration Act 2023

144 Duty to pass CLA receipts to other persons

(1) CLA regulations may require a local planning authority that receives CLA receipts in respect of development in an area to pass them to a person other than the authority.

(2) CLA regulations imposing a duty under subsection (1) must contain provision to secure that any CLA receipts passed to a person in discharge of the duty are used to—

(a) support the development of the area to which the duty relates, or of any part of that area, by funding—

(i) the provision, improvement, replacement, operation or maintenance of infrastructure, or

(ii) anything else that is concerned with addressing demands that development places on an area, or

(b) fund the operation of community land auction arrangements in relation to land in the local planning authority’s area.

(3) CLA regulations may make provision about circumstances in which a specified amount of the CLA receipts may be used for specified purposes which are not mentioned in subsection (2).

(4) A duty under subsection (1) may relate to—

(a) the whole of a local planning authority’s area or the whole of the combined area of two or more local planning authorities, or

(b) part only of such an area or combined area.

(5) CLA regulations may make provision about the persons to whom CLA receipts may or must, or may not, be passed in discharge of a duty under subsection (1).

(6) A duty under subsection (1) may relate—

(a) to all CLA receipts (if any) received in respect of the area to which the duty relates, or

(b) such part of those CLA receipts as is specified in, or determined under or in accordance with, CLA regulations.

(7) CLA regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).

(8) CLA regulations may, in relation to CLA receipts passed to a person in discharge of a duty under subsection (1), make provision about—

(a) accounting for the CLA receipts,

(b) monitoring their use,

(c) reporting on their use,

(d) responsibilities of local planning authorities for things done by the person in connection with the CLA receipts,

(e) recovery of the CLA receipts, and any income or profits accruing in respect of them or from their application, in cases where—

(i) anything to be funded by them has not been provided, or

(ii) they have been misapplied,

including recovery of sums or other assets representing them or any such income or profits, and

(f) use of anything recovered in cases where—

(i) anything to be funded by the CLA receipts has not been provided, or

(ii) the CLA receipts have been misapplied.

(9) This section does not limit section 143(11)(f).