Modifications etc. (not altering text)
C1Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))
C2Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
C3Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)
(1)This section applies where—
(a)a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and
(b)section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision.
(2)The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that—
(a)the economic viability of street vote development in the charging authority’s area is significantly impaired, or
(b)there is a substantial risk that it will become significantly impaired,
as a result of the CIL which is or will be chargeable in respect of street vote development in that area.
(3)If a charging authority is directed to review its charging schedule under subsection (2), it must—
(a)consider whether to revise the charging schedule under section 211(9), and
(b)notify the Secretary of State of its decision with reasons.
(4)If the charging authority decides to revise the charging schedule, it must do so within a reasonable time.
(5)If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority.
(6)If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time.
(7)If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority.
(8)CIL regulations may make provision about—
(a)procedures for appointing a person under subsection (5) or (7),
(b)conditions which must be met before such an appointment may be made,
(c)procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7),
(d)circumstances in which the person may be replaced,
(e)duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7),
(f)liability for costs incurred as a result of the appointment of the person, and
(g)what constitutes a reasonable time under subsections (4) to (6).
(9)In this section “street vote development” has the meaning given by section 211(12).]
Textual Amendments
F1S. 214A inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(8), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)