OpenLegislation

Regulation 74 Payment in kind and infrastructure payments: further provisionF9I1

England and Wales

(1)

This regulation applies where the CIL payable in respect of a chargeable development is payable (in whole or in part) by way of one or more land F1or infrastructure payments.

(2)

References in regulations 36, 69 and 70 to an amount which is payable (however expressed) include references to a land F2or infrastructure payment which is payable.

(3)

A land payment is deemed to have been received on the day on which the land which is the subject of the payment is acquired.

F3(3A)

An infrastructure payment is deemed to have been received on the day on which the funds to be used to provide that infrastructure have either been used to provide it or are subject to an arrangement made in accordance with regulation 73A(9)(b).

(4)

For the purposes of regulation 70—

(a)

an instalment may be paid by way of a land payment F4, an infrastructure payment or in money, or a combination of the F5three; and

(b)

more than one instalment may be paid by way of a given land F6or infrastructure payment.

(5)

For the purposes of regulation F770(8), the unpaid balance must be paid in money.

(6)

Where the collecting authority has determined a deemed commencement date in respect of the chargeable development in accordance with regulation 68, the amount of CIL payable in respect of that chargeable development is due in full and must be paid in money.

(7)

An agreement to make a land F8or infrastructure payment is void if, and to the extent that, it purports to bind a charging authority to accept a land or infrastructure payment other than in accordance with these Regulations.

Annotations

Textual amendments

F1

Words in reg. 74(1) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(b)

F2

Words in reg. 74(2) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(c)

F3

Reg. 74(3A) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(d)

F4

Words in reg. 74(4)(a) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(e)(i)

F5

Word in reg. 74(4)(a) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(e)(i)

F6

Words in reg. 74(4)(b) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(e)(ii)

F7

Word in reg. 74(5) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(13)

F8

Words in reg. 74(7) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(f)

F9

Words in reg. 74 heading inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(7)(a)

Commencement

I1

Reg. 74 in force at 6.4.2010, see reg. 1