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Localism Act 2011

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This is the original version (as it was originally enacted).

118Regulations under section 117: collection and enforcement

This section has no associated Explanatory Notes

(1)Regulations under section 117 must include provision about the collection of charges imposed by the regulations.

(2)The regulations may make provision—

(a)for payment on account or by instalments,

(b)about repayment (with or without interest) in cases of overpayment, and

(c)about the source of payments in respect of a Crown interest or Duchy interest (within the meaning of section 227(3) or (4) of the Planning Act 2008).

(3)Regulations under section 117 must include provision about enforcement of charges imposed by the regulations; and that provision must include provision—

(a)for a charge (or other amount payable under the regulations) to be treated as a civil debt due to a local planning authority, and

(b)for the debt to be recoverable summarily.

(4)The regulations may make provision—

(a)about the consequences of failure to assume liability, to give a notice or to comply with another procedure under the regulations,

(b)for the payment of interest (at a rate specified in, or determined in accordance with, the regulations),

(c)for the imposition of a penalty or surcharge (of an amount specified in, or determined in accordance with, the regulations),

(d)replicating or applying (with or without modifications) any provision made by any of sections 324 to 325A of the Town and Country Planning Act 1990 (rights of entry), and

(e)for enforcement in the case of death or insolvency of a person liable for the charge.

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