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The Community Infrastructure Levy (Amendment) (England) Regulations 2021

2021

Draft Regulations laid before the House of Commons under section 222(2)(b) of the Planning Act 2008, for approval by resolution of that House.

Draft Statutory Instruments

2021 No. 0000

Community Infrastructure Levy, England

The Community Infrastructure Levy (Amendment) (England) Regulations 2021

Made

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Coming into force

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The Secretary of State, in exercise of the powers conferred by sections 205(1), 216(6)(a) and 222(1)(b) of the Planning Act 2008(1), with the consent of the Treasury, makes the following Regulations.

A draft of these Regulations has been laid before the House of Commons in accordance with section 222(2)(b) of the Planning Act 2008.

Citation, commencement and application

1.—(1) These Regulations may be cited as the Community Infrastructure Levy (Amendment) (England) Regulations 2021 and come into force on the day after the day on which they are made.

(2) These Regulations apply in relation to England only.

Amendment to the Community Infrastructure Levy Regulations 2010

2.—(1) The Community Infrastructure Levy Regulations 2010(2) are amended as follows.

(2) In regulation 60 (reimbursement of expenditure incurred and repayment of loans), in paragraph (7A), for “31st March 2033” substitute “31st March 2043”.

Signed by authority of the Secretary of State for Transport

Name

Parliamentary Under Secretary of State

Department for Transport

Date

We consent

Name

Two of the Lords Commissioners of Her Majesty’s Treasury

Date

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Community Infrastructure Levy Regulations 2010 (“The 2010 Regulations”) provide for the imposition of a charge known as the Community Infrastructure Levy (“CIL”).

The 2010 Regulations were amended by the Community Infrastructure Levy (Amendment) (England) Regulations 2019 (S.I. 2019/966), which inserted paragraph (7A) into regulation 60 of those Regulations. That amendment enables the Mayor of London, until 31st March 2033, to apply CIL to repay monies, including interest, borrowed by the Greater London Authority or Transport for London, provided the money borrowed is for the purposes of, or in connection with, the Crossrail project. This instrument amends the date in regulation 60(7A) of the 2010 Regulations so that for “31st March 2033” there is substituted a new date of “31st March 2043”. This extends the period of time within which the Mayor of London can collect and apply CIL to borrowing for the Crossrail project.

An impact assessment was prepared for the 2010 Regulations and laid in Parliament on 10th February 2010. No formal impact assessment was prepared for these Regulations as one is not required for a financial instrument.

An explanatory memorandum is published alongside this instrument on www.legislation.gov.uk.

(1)

2008 c. 29. Most of the functions of the Secretary of State under Part 11, in relation to Wales, were transferred to the Welsh Ministers by article 44 of S.I. 2018/644. There are amendments to sections 205 and 216 not relevant to these Regulations.

(2)

S.I. 2010/948; relevant amending instruments are S.I. 2012/666, 2019/966.