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The Community Infrastructure Levy Regulations 2010

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  1. Introductory Text

  2. PART 1 INTRODUCTORY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Community Infrastructure Levy

  3. PART 2 DEFINITION OF KEY TERMS

    1. 4.Meaning of “owner” and “material interest”

    2. 5.Meaning of “planning permission”

    3. 6.Meaning of “development”

    4. 7.Commencement of development

    5. 8.Time at which planning permission first permits development

    6. 9.Meaning of “chargeable development”

    7. 10.Meaning of “collecting authority”

  4. PART 3 CHARGING SCHEDULES

    1. 11.Interpretation and application of Part 3

    2. 11A.Exercise of Part 3 functions in anticipation that an MDC will be established

    3. 12.Format and content of charging schedules

    4. 13.Differential rates

    5. 14.Setting rates

    6. 15.Consultation on a preliminary draft charging schedule

    7. 16.Publication of a draft charging schedule

    8. 17.Representations relating to a draft charging schedule

    9. 18.Withdrawal of a draft charging schedule

    10. 19.Submission of documents and information to the examiner

    11. 20.Consideration of representations by examiner

    12. 21.CIL examination: right to be heard

    13. 22.Joint examinations

    14. 23.Publication of the examiner’s recommendations

    15. 24.Correction of errors in examiner’s recommendations

    16. 25.Approval and publication of a charging schedule

    17. 26.Correction of errors in a charging schedule

    18. 27.Effect of correction of a charging schedule

    19. 28.Charging schedule: effect

    20. 28A.Charging schedules: procedure in relation to a charging schedule ceasing to have effect

    21. 29.Payment of fees and expenses of independent persons

    22. 30.Recovery of costs incurred by the Secretary of State

  5. PART 4 LIABILITY

    1. 31.Assumption of liability

    2. 32.Transfer of assumed liability

    3. 33.Default liability

    4. 34.Apportionment of liability

    5. 35.Apportionment of liability: information notice

    6. 36.Default of liability

    7. 37.Joint liability

    8. 38.Interests held on trust

    9. 39.Effect of death on assumed liability

  6. PART 5 CHARGEABLE AMOUNT

    1. 40.Calculation of chargeable amount

  7. PART 6 EXEMPTIONS AND RELIEF

    1. 41.Interpretation of Part 6

    2. 42.Exemption for minor development

    3. 42A.Exemption for residential annexes or extensions

    4. 42B.Exemption for residential annexes or extensions: procedure

    5. 42C.Withdrawal of the exemption for residential annexes

    6. 43.Exemption for charities

    7. 44.Discretionary charitable relief: investment activities

    8. 45.Other discretionary charitable relief

    9. 46.Discretionary charitable relief: notification requirements

    10. 47.Charitable relief: procedure

    11. 48.Withdrawal of charitable relief

    12. 49.Social housing relief

    13. 49A.Discretionary social housing relief

    14. 49B.Discretionary social housing relief: notification requirements

    15. 49C.Social housing relief: qualifying communal development

    16. 50.The amount of social housing relief for which a chargeable...

    17. 51.Social housing relief: procedure

    18. 52.Social housing relief: disposal of land before occupation

    19. 53.Withdrawal of social housing relief

    20. 54.Social housing relief: information notice

    21. 54A.Exemption for self-build housing

    22. 54B.Exemption for self-build housing: procedure

    23. 54C.Exemption for self-build housing: completion of development

    24. 54D.Withdrawal of the exemption for self-build housing

    25. 55.Discretionary relief for exceptional circumstances

    26. 56.Exceptional circumstances: notification requirements

    27. 57.Exceptional circumstances: procedure

    28. 58.Exceptional circumstances: procedure in London

    29. 58ZA.Carry over of relief in relation to certain section 73 permissions

  8. PART 7 APPLICATION OF CIL

    1. 58A.Interpretation of Part 7

    2. 59.Application to infrastructure

    3. 59A.Duty to pass CIL to local councils

    4. 59B.Application of regulation 59A to land and infrastructure payments

    5. 59C.Application of CIL by local councils

    6. 59D.Payment periods

    7. 59E.Recovery of CIL passed in accordance with regulation 59A or 59B

    8. 59F.Use of CIL in an area to which regulations 59A and 59B do not apply

    9. 60.Reimbursement of expenditure incurred and repayment of loans

    10. 61.Administrative expenses

    11. 62.Reporting

    12. 62A.Reporting by local councils

    13. 63.Infrastructure: amendment to section 216 of the Planning Act 2008

  9. PART 8 ADMINISTRATION

    1. 63A.Transitional provision: when a MDC becomes the charging authority for an area

    2. 63B.Transitional provision: when a MDC ceases being the charging authority for an area

    3. 64.Notice of chargeable development

    4. 64A.Preparation and service of notice of chargeable development by collecting authority

    5. 65.Liability notice

    6. 66.Local land charges

    7. 67.Commencement notice

    8. 68.Deemed commencement of chargeable development

    9. 69.Demand notice

    10. 69A.Suspension of demand notice

    11. 69B.Instalment policies

    12. 70.Payment periods

    13. 71.Payment in full

    14. 72.Payment: general

    15. 73.Payment in kind

    16. 73A.Infrastructure payments

    17. 73B.Infrastructure payments: notification requirements

    18. 74.Payment in kind and infrastructure payments: further provision

    19. 74A.Abatement : section 73 applications

    20. 74B.Abatement: implementation of a different planning permission

    21. 75.Overpayment

    22. 76.Payments to charging authorities

    23. 77.Duty to supply information to collecting authority

    24. 78.Requests for information by collecting authority

    25. 79.Use of information by collecting authority

  10. PART 9 ENFORCEMENT

    1. CHAPTER 1 SURCHARGES AND INTEREST

      1. 80.Surcharge for failure to assume liability

      2. 81.Surcharge: apportionment of liability

      3. 82.Surcharge for failure to submit a notice of chargeable development

      4. 83.Surcharge for failure to submit a commencement notice

      5. 84.Surcharge: disqualifying events

      6. 85.Surcharge for late payment

      7. 86.Surcharge for failure to comply with an information notice

      8. 87.Late payment interest

      9. 88.Surcharges and interest: general

    2. CHAPTER 2 CIL STOP NOTICES

      1. 89.Preliminary steps

      2. 90.Service of CIL stop notice

      3. 91.Withdrawal of a CIL stop notice

      4. 92.Registration of a CIL stop notice

      5. 93.Offence

      6. 94.Injunctions

    3. CHAPTER 3 RECOVERY OF CIL

      1. 95.Interpretation and application of Chapter 3

      2. 96.Liability orders: reminder notice

      3. 97.Application for liability order

      4. 98.Enforcement by taking control of goods

      5. 99.Appeals in connection with distress

      6. 100.Commitment to prison

      7. 101.Commitment to prison: further provision

      8. 102.Magistrates’ courts

      9. 103.Charging orders

      10. 104.Charging orders: further provision

      11. 105.Insolvency

      12. 106.Recovery in a court of competent jurisdiction

      13. 107.Enforcement of local land charges

    4. CHAPTER 4 OTHER ENFORCEMENT PROVISIONS

      1. 108.Outstanding liabilities on death

      2. 108A.Power to require information

      3. 109.Powers of entry

      4. 110.Offence for supplying false information

      5. 111.Prosecution of CIL offences

  11. PART 10 APPEALS

    1. 112.Interpretation of Part 10

    2. 113.Review of chargeable amount

    3. 114.Chargeable amount: appeal

    4. 115.Apportionment of liability: appeal

    5. 116.Charitable relief: appeal

    6. 116A.Exemption for residential annexes: appeal

    7. 116B.Exemption for self-build housing: appeal

    8. 117.Surcharge: appeal

    9. 118.Deemed commencement

    10. 119.CIL stop notices

    11. 120.Appeal procedure

    12. 121.Costs

  12. PART 10A Reporting and monitoring on CIL and planning obligations

    1. 121A.Annual infrastructure funding statements

    2. 121B.Reporting by parish councils

    3. 121C.Annual CIL rate summary

  13. PART 11 PLANNING OBLIGATIONS

    1. 122.Limitation on use of planning obligations

    2. 123.Further limitations on use of planning obligations

  14. PART 12 MISCELLANEOUS AND TRANSITIONAL PROVISIONS

    1. 124.Payment of CIL by the Crown

    2. 125.Enforcement in relation to the Crown and Parliament

    3. 126.Service of documents: general

    4. 127.Service of documents on the Crown and Parliament

    5. 128.Transitional provision: general

    6. 128A.Transitional provision: section 73 of TCPA 1990 applications

    7. 128B.Transitional provision: article 18(1) of DMPO applications

    8. 129.Transitional provision: charging schedule ceases to have effect

  15. Signature

    1. SCHEDULE 1

      Calculation of chargeable amount etc

      1. PART 1 Standard cases

        1. 1.Chargeable amount: standard cases

        2. 2.Chargeable amount: outline permissions where first permits date is after new charging schedule

      2. PART 2 ‘Amended’ planning permissions

        1. 3.Chargeable amount etc: ‘amended’ planning permissions

        2. 4.Amount of CIL payable: section 73 permissions which increase liability

        3. 5.Amount of CIL payable: section 73 permissions which reduce liability

      3. PART 3 Calculation of social housing relief

        1. 6.Social housing relief: calculating qualifying amount

      4. PART 4 Pre-CIL permissions ‘amended’ when CIL is in effect

        1. 7.Amount of CIL payable: pre-CIL permissions ‘amended’ when CIL is in effect

        2. 8.Transitional cases: pre-CIL phased permissions ‘amended’ when CIL is in effect

      5. PART 5 Pre-CIL permissions ‘amended’ when CIL in effect: appeal

        1. 9.Pre-CIL permissions ‘amended’ when CIL in effect: appeal in relation to notional relief

    2. SCHEDULE 2

      Matters to be included in the annual infrastructure funding statement

      1. 1.The matters to be included in the CIL report are—...

      2. 2.For the purposes of paragraph 1— (a) CIL collected by...

      3. 3.The matters to be included in the section 106 report...

      4. 4.The matters which may be included in the section 106...

      5. 5.For the purposes of paragraph 3— (a) where the amount...

  17. Explanatory Note

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