PART 6OBLIGATIONS RELATING TO DEVELOPMENT AND USE OF LAND
CHAPTER 2COMMUNITY INFRASTRUCTURE LEVY
Compensation
194Compensation: loss or damage as a result of enforcement action
(1)
This section applies where CIL regulations make provision about enforcement under sections 187 to 193.
(2)
The regulations may require a charging authority or other public authority to pay compensation for loss or damage suffered as a result of action taken under the provision.
(3)
The regulations must not require compensation to be paid to a person who has failed to satisfy a liability for CIL.
(4)
The regulations may specify other circumstances in which compensation is not payable.
(5)
The regulations may make provision about—
(a)
when and how a claim for compensation is to be made, and
(b)
the amounts, or the method of determining the amounts, payable as compensation.
(6)
CIL regulations may permit or require a charging authority to use CIL (either generally or subject to limits set by or determined in accordance with the regulations) to pay compensation that is payable under the regulations.
(7)
A dispute about compensation may be referred to and determined by the Upper Tribunal.
(8)
Section 4 of the Land Compensation Act 1961 (c. 33) (costs) applies to the determination of a question referred under subsection (7) as it applies to the determination of a question referred under section 1 of that Act, but as if references to the acquiring authority were references to the charging authority or other public authority from whom compensation is claimed.