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Regulation 46 “Levy information spot check”

Original text. Later amendments are not shown.

(1)

A “levy information spot check” means an assessment as to the accuracy of a set of levy information in relation to a building control application, by reference to—

(a)

any of the following—

(i)

if the application is—

(aa)

a building control application which is not an updated application, or

(bb)

a pre-commencement updated application in relation to the original application,

the evidence provided under regulation 16(3CA) of the 2010 Regulationsf1, regulations 9(3B) or 17(3B) of the HRB Regulationsf2 or regulation 15(2A) of the RBCA Regulationsf3,

(ii)

if the application is an updated application which is made after the first compliant commencement notice was given in relation to the original application, the evidence provided under regulation 14(5) or (6) of the 2010 Regulationsf4, regulation 21(5) of the HRB Regulationsf5 or paragraph 2(a) or (b) of the Annex to Form 2 in Schedule 1 to the RBCA Regulationsf6,

(iii)

if a levy update notice is received in relation to the application, the evidence provided with the levy update notice,

(b)

the planning permission, or as the case may be the development consent under section 31 of the Planning Act 2008, for the development in relation to which the building work to which the application relates is to be carried out, and

(c)

such other information as is reasonably available to the collecting authority.

(2)

A levy information spot check, in relation to a building control application, may only be carried out during the relevant period for the building control application.

(3)

In this regulation—

  • “relevant period” means—

    1. (a)

      the determination period under regulation 38(7) in relation to the building control application, or

    2. (b)

      the period for determining a levy update application under regulation 53(10) in relation to the building control application;

  • “set of levy information” means—

    1. (a)

      a set of Category 1 levy information, as defined in regulation 47(3), or

    2. (b)

      a set of Category 2 levy information, as defined in regulation 48(3).

Annotations

Footnotes

f1

Regulation 16(3CA) is inserted into the 2010 Regulations by regulation 28 of this instrument.

f2

Regulations 9(3A) and 17(3A) are inserted into the HRB Regulations by regulation 30 of this instrument.

f3

Regulation 15(2A) is inserted into the RBCA Regulations by regulation 29 of this instrument.

f4

Regulation 14(5) and (6) were inserted into the 2010 Regulations by regulation 26 of this instrument.

f5

Regulation 21(3) and (4) were inserted into the HRB Regulations by regulation 45 of this instrument.

f6

Form 2 was substituted in Schedule 1 to the RBCA Regulations by regulation 44 of this instrument.