Part 4: Infrastructure Levy and Community Infrastructure Levy Section 140: Enforcement of Community Infrastructure Levy Background
This section substitutes section 218(11) and (12) of the Planning Act 2008 to insert wording which reflects the general limits that apply when sentencing on summary conviction (for summary offences and offences triable either way). This is to reflect changes made by section 13 of the Judicial Review and Courts Act 2022. The wording used follows existing wording in Schedule 12 of the Act, in new section 204S(13) and (14). As a result of the changes made by the 2022 Act the Secretary of State may increase or reduce the maximum term of imprisonment that may apply on summary conviction. Therefore, the substituted wording ensures that in the context of CIL enforcement measures the sentencing powers of Magistrates are in-step with wider sentencing policy.