Part 10A, Section 204V: Appeals Part 10A, Section 204X: Secretary of State: power to permit alteration of IL rates and thresholds Effect
Subsection (1) sets out the circumstances which must pertain for the Secretary of State to permit such changes. Such circumstances are when the levy rate has impaired, or there is a substantial risk that it will impair, the economic viability of development (or development of a particular description) in the charging authority’s area. Subsection (1) also provides that IL regulations may specify other circumstances in which the Secretary of State may permit an amendment to the charging schedule.
	If these conditions are met, the Secretary of State can publish a notice which allows a specified charging authority (or more than one such authority) to amend its charging schedules to reduce IL rates or increase the threshold below which Il is charged at a reduced rate or a nil rate, for a specified period. Subsection (2) also enables the Secretary of State to allow charging authorities to (a) cancel or delay planned increases in IL rates or decreases in nil rate/reduced rate thresholds, for a specified period; and (b) cancel or delay for no longer than a specified period, revisions or replacements of a charging schedule which would have resulted in increases in IL rates or decreases in nil rate/reduced rate thresholds.
	Subsection (3) allows the Secretary of State to include provision in the notice which is issued under subsection (2), which confers a discretionary power on a charging authority as to how it can amend its charging schedule to comply with the notice and as to whether to allow for any recalculation of IL liability which arose prior to the publication of the notice.
	Where amendments are made to a charging schedule under subsection (2), section 204G(11) does not apply (subsection (4)).
	Subsection (5) provides that regulations may specify the criteria that must be met by a charging authority or procedures that they must follow in order for a charging schedule to be amended.
	Subsection (6) enables regulations to restrict the use of the power in subsection (2), for example by restricting how much rates may be reduced by or to what level the minimum threshold should be increased.
	Subsection (7) allows regulations to make supplementary provision in connection with the application of subsection (2).
Example (1): Amending charging schedules in a financial crisis
In the event of a financial crisis, this power would enable the Secretary of State to permit amendments to IL charging schedules, if there was a significant risk that IL rates were impacting the economic viability of development or the viability of a particular development. A charging authority could amend its charging schedule to reduce IL rates for a specified time period, to prevent development from stalling. This allows rates to be adjusted without the normal procedural requirements such as re-examination.