Explanatory note
(This note is not part of the Order)
Part 11 of the Planning Act 2008 (c29) provides for the imposition of a charge, known as the Community Infrastructure Levy, to ensure that costs incurred in providing infrastructure to support the development of an area can be funded (wholly or partly) by owners or developers of land.
This Order makes provision to enable a CIL authority in England and Wales to authorise another person, or that person’s employees, (a “contractor”) to exercise functions relating to the setting, charging, collection, enforcement and spending of CIL.
A CIL authority can be a charging authority or a collecting authority or both.
The Order sets out which functions may, and those which may not, be contracted out (articles 2 and 3). It prescribes conditions which attach to the exercise of contracted out functions (articles 4 to 8) and it provides for cases where the authority applies for a warrant of commitment against a debtor (article 9) and where legal proceedings are instigated by a contractor (article 10).
An impact assessment has not been produced as no additional impact on the costs to business, the public sector, third sector organisations, regulators or consumers to that set out in the final impact assessment on the Community Infrastructure Levy is foreseen. That final impact assessment was produced in February 2010 to accompany the Community Infrastructure Levy Regulations 2010 and can be found at: