Part 4: Infrastructure Levy and Community Infrastructure Levy Section 139: Restriction of Community Infrastructure Levy to Greater London and Wales Effect
The effects of this section and its’ consequent amendments to Part 11 of the Planning Act 2008 are to restrict the application of CIL to Greater London (by the Mayor of London) and to Wales. Save for these exemptions, IL will be charged in place of CIL, once it is introduced in a charging area in England.
	To that end, subsections (1) – (4) of section 139 amends the CIL provisions in Part 11 so as to only apply in Greater London and in Wales.
	Subsection (5) omits section 207 (Joint committees) from the Planning Act 2008. This is because when the operation of CIL is restricted to Wales and Greater London this provision will not be needed in relation to England. Subsection (6) makes an amendment to section 223(1) of the Planning Act 2008 (Relationship with other powers). This amendment will enable CIL regulations to make provision about how the new levy powers may be used or not. This will ensure the two regimes (CIL and the new levy) work coherently.
Example (1): ‘Test and learn’ approach to IL.
New section 204M in Schedule 12 provides the Secretary of State a power to set a date in IL regulations by when a charging authority must issue its charging schedule. Different dates are intended to be set for different charging authorities, allowing a staggered roll out of IL, so that IL regulations can be informed by how IL works in practice. It is intended that developments granted planning permission prior to the adoption of an IL charging schedule will continue to be liable for CIL, if a CIL charging schedule was in place at the time of the grant. Therefore, the ability for charging authorities in England to collect CIL will remain until such a date where it is no longer required. This means section 139 will not be commenced until that date, or alternatively it will be commenced subject to suitable saving and transitional provisions