Part 10A, Section 204V: Appeals Part 2 – Consequential amendments Effect
Section 101(6) of the Local Government Act 1972 provides that local authorities cannot delegate a function in relation to levying rates to a committee, sub-committee, officer or other local authority, but s.101(6A) provides that CIL is not a ‘rate’ for these purposes (so CIL functions can be so delegated). Paragraph 2 of Part 2 of Schedule 12 inserts a new paragraph (6ZA) into section 101 providing that IL is not a ‘rate’ for these purposes either, and so IL functions can likewise be delegated.
	Section 70(2)(c) of the Town and Country Planning Act 1990 provides that ‘local finance considerations’ are a material consideration when determining planning applications. Section 70(4) provides (among other things) that any CIL received or receivable is a local finance consideration. Paragraph 3 of Part 2 of Schedule 12 amends this so that any IL received or receivable is also a local finance consideration and therefore can be a material consideration.
	Section 70 of the Deregulation and Contracting Out Act 1994 allows a Minister to make a statutory instrument permitting local authorities to 'contract out’ certain of their functions (i.e. authorize a person to carry out those functions on its behalf). However, section 71(1)(c) provides that functions which are a power or right of entry, search or seizure cannot be ‘contracted out’ in this way. But section 71(3)(i) then provides that CIL is an exception – so, for example, the power of entry in regulation 109 of the Community Infrastructure Levy Regulations 2010 can be ‘contracted out’. Paragraph 4 of Part 2 of Schedule 12 makes an amendment to section 71 treating IL the same way, such that any powers or rights of entry, search or seizure included in IL regulations could be ‘contracted out’, if a statutory instrument is made to that effect under section 70.
	Paragraphs 5-7 of Part 2 of Schedule 12 replace "Part 11" with "Parts 10A and 11" in relevant sections of the Planning Act 2008, in order to ensure that IL is treated in like manner to CIL.