Part 13: General Schedule 12: Infrastructure Levy Part 10A, Section 204S: Enforcement Background
This section deals with enforcement in connection with IL. It replicates provision in section 218 of the Planning Act 2008 with the following amendments:
Subsection (2) makes it a requirement, for IL regulations to include enforcement provisions about the failure to assume liability, late payment and failure to pay.
Subsection 4(f) of section 218 is not replicated here as an equivalent power has been provided in new section 204Z(1)(c).
Subsection (5) of section 218 has been separated out into two separate subsections here ((5) and (7)).
Subsection (6) provides an express power for IL regulations to prohibit or restrict the occupation or use of a development pending payment of IL.
Subsection (8) replaces the word ‘replicate’ with ‘make provision corresponding to’ to clarify the power.
Subsection (10) sets the upper limits for surcharges or penalties, replicating subsection (8) of section 218 of the Planning Act. However, the maximum rates have been increased to reflect that IL amalgamates developer contributions derived from both section 106 planning obligations and CIL payments.
	Subsections (13) and (14) have been amended to reflect Magistrates’ maximum sentencing powers following changes made by the Judicial Review and Courts Act 2022 and the potential future coming into force of section 281(5) Criminal Justice Act 2003.