43.—(1) An owner (C) of a material interest in the relevant land is exempt from liability to pay CIL in respect of a chargeable development if—
(a)C is a charitable institution; and
(b)the chargeable development will be used wholly or mainly for charitable purposes (whether of C or of C and other charitable institutions).
(2) But paragraph (1) does not apply where—
(a)that part of the chargeable development to be used for charitable purposes will not be occupied by or under the control of a charitable institution;
(b)the material interest is owned by C jointly with a person who is not a charitable institution; or
(c)exemption of C from liability to pay CIL would constitute a State aid.
(3) For the purposes of paragraph (1) use of a chargeable development for charitable purposes includes leaving it unoccupied.