Part 4: Infrastructure Levy and Community Infrastructure Levy Section 137: Infrastructure levy: England Effect
The effect of this section is to enable IL to replace CIL in England, with the exception of Mayoral CIL in London. It is intended that IL will be introduced over time, to allow a ‘test and learn’ approach to IL regulations. The new Part 10A of the Planning Act 2008 (to be inserted by Schedule 12) enables the Secretary of State to make provision in IL regulations for a deadline date for the introduction of IL in a particular charging authority’s area (see new section 204M(1)).
	It is intended that the IL regime, when fully introduced, will (to some extent) replace the need for "planning obligations" under section 106 of the Town and Country Planning Act 1990. Section 139 and the provisions in Schedule 12 (see new section 204Z2) therefore also allow the Secretary of State to make regulations about how IL will work alongside other existing planning powers such as section 106 planning obligations, which are currently used for (among other purposes) securing funding from developers to deliver mitigations to the impact of development in an area.
	The new Part 10A of the Planning Act 2008 replicates many of the existing powers and provisions set out in Part 11 of the same Act. Part 11 provides the legislative framework for CIL. The powers required to operate IL are therefore substantially the same as for CIL, but there are some differences.
	Some provisions in new Part 10A , such as new sections 204J and 204K, are drawn directly from the existing provisions in Part 11 of the 2008 Act (as they apply to CIL). Some provisions, such as new sections 204A and 204B, replicate elements of sections 205 and 206 of the 2008 Act, but also with some amendments to enable the effective delivery of IL. Some provisions, such as new section 204Q, are entirely new.
	Key differences from existing provisions in Part 11 are sign-posted throughout the explanatory notes.