PART 6OBLIGATIONS RELATING TO DEVELOPMENT AND USE OF LAND

CHAPTER 2COMMUNITY INFRASTRUCTURE LEVY

Use of CIL payments

195Funding by CIL

(1)

CIL regulations may specify—

(a)

the works, installations and other facilities whose provision, improvement or replacement may be, must be, or may not be, funded by CIL;

(b)

maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may be, must be, or may not be, funded by CIL;

(c)

criteria for determining the areas that may benefit from funding by CIL;

(d)

what is to be, or is not to be, treated as funding.

(2)

Provision about funding in CIL regulations may, in particular—

(a)

permit CIL to be used to reimburse costs already incurred;

(b)

permit CIL to be reserved for costs that may be incurred in the future;

(c)

permit CIL to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative costs in connection with infrastructure or in connection with CIL;

(d)

include provision for the giving of loans, guarantees or indemnities;

(e)

make provision about the application of CIL where anything to which it was to be applied no longer requires funding.

(3)

In subsection (2)(c) the reference to administrative costs in connection with CIL includes enforcement costs.

(4)

The regulations may—

(a)

require a charging authority to account separately, and in accordance with the regulations, for CIL received or due;

(b)

require a charging authority to monitor the use made and to be made of CIL in its area;

(c)

require a charging authority to report on actual or expected charging, collection and application of CIL;

(d)

permit a charging authority to cause money to be applied in respect of things done outside its area;

(e)

permit a charging authority or other person to spend money;

(f)

permit a charging authority to pass money to another person (and in paragraphs (a) to (e) references to a charging authority include a person to whom a charging authority passes money in reliance on provision made under this paragraph).