Regulation 30 Effect of transfer of payments between developments

(1)

This regulation applies if Natural England accepts a request under regulation 29.

(2)

Natural England must recalculate the levy amount for development A under regulation 24.

(3)

When recalculating the provisional amount for that purpose, the reference in regulation 24 to the details of the relevant development is to the details of the amount of development A which has been completed, to the extent that it does not form part of development B.

(4)

But the recalculated levy amount in accordance with paragraph (2) is nil if—

(a)

development A has not begun, or

(b)

the amount of development A which has been completed entirely forms part of development B.

(5)

An amount calculated under paragraph (6) is applied as an adjusted payment amount made against the levy amount for development B.

(6)

The amount is calculated by applying the following formula—

P_{A} - L_{A} - C_{A}

where—

“P_A” is the total sum of the adjusted payment amounts made to Natural England against the levy amount for development A;
“L_A” is the levy amount for development A, as recalculated in accordance with paragraph (2);
“C_A” is Natural England’s reasonable administrative costs for development A to date.

(7)

But if the amount given by applying the formula in paragraph (6) is a negative number, then the amount referred to in paragraph (5) is nil.

(8)

If the levy for development B is to be paid by instalments then the amount calculated under paragraph (6) is to be applied—

(a)

against the instalment with the earliest due date for which liability has not been discharged, to the value of that instalment, and

(b)

if there remains an amount to be applied, to the next such instalment, to the value of that instalment,

and so on until the entirety of the amount has been applied.

(9)

If development A begins or continues—

(a)

a liable person must inform Natural England by notice in writing;

(b)

Natural England must recalculate the levy amount for development A under regulation 24, using the details of the relevant development as defined in that regulation;

(c)

the total sum of the adjusted payment amounts made to Natural England against the levy amount for development A is reduced by the amount referenced in paragraph (5);

(d)

if—

(i)

liability to pay the levy for development A was previously discharged, and

(ii)

the outstanding levy amount for development A is greater than zero after applying sub-paragraphs (b) and (c),

then the liability is no longer considered to have been discharged.

(10)

In this regulation, “development A” and “development B” have the same meaning as in regulation 29.