I will look to the evidence but, as I have clearly stated many times, we are expecting the same if not more housing, particularly affordable housing, from this infrastructure levy. I just say to my noble friend Lord Lansley, as I have said
before, that we are not getting rid of Section 106 agreements, but will use them only in very restricted circumstances. The main issue from this is that affordable housing comes out of the Section 106 system and into the infrastructure levy system. When the whole country moves to the infrastructure levy, it will make affordable housing a much more important issue when it comes to how we use developer contributions in the future.
I move on now to government Amendment 361A. This makes three consequential changes to other Acts of Parliament to ensure that the new infrastructure levy will be treated in the same way as CIL in relevant legal contexts. First, Section 101(6) of the Local Government Act 1972 requires that a local authority’s functions in relation to levying rates may be exercised only by that authority—in other words, those functions may not be delegated—but CIL is not a “rate” for this purpose. This means that a local authority may delegate its CIL functions.
Amendment 361A replicates this approach in respect of infrastructure levy functions. I emphasise, however, that the Bill contains important safeguards for democratic accountability. For example, new Section 204K(6) makes it clear that a local authority may approve its infrastructure levy charging schedule only at a meeting of the authority and by a majority of the members present.
Secondly, Section 70 of the Town and Country Planning Act 1990 provides that “local finance considerations” can be a material consideration when determining planning applications. Local finance considerations include CIL, which can therefore be a material consideration when a planning application is determined.
Government Amendment 361A treats the infrastructure levy in the same way, allowing infrastructure levy receipts—anticipated and received—to be taken into account when determining planning applications. This does not override the primary aims of the infrastructure levy to support the development of an area by providing infrastructure, including affordable housing, or its meeting of other purposes, as set out in regulations, in a way that does not make development of the area economically unviable.
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Under Section 70 of the Deregulation and Contracting Out Act 1994, a Minister can make secondary legislation permitting local authorities to contract out certain functions. However, under Section 71 of that Act, rights of entry, search or seizure cannot generally be contracted out, with the exception of the use of such powers in connection with CIL. Amendment 361A replicates this approach in respect of the infrastructure levy. Any powers or rights of entry, search or seizure included in infrastructure levy regulations could similarly be contracted out, provided that a statutory instrument under the 1994 Act was made to that effect. This will allow us to permit through regulations that, for example, an authority could contract out the full range of levy enforcement measures if a developer refused to pay its full levy liability.
I hope that noble Lords will agree that these amendments, comprising three technical, consequential changes to legislation, are an important means to
ensure consistency across legislation and to ensure that the infrastructure levy is workable and effective and treated in the same way as CIL.
Finally, I move to the question of Clause 124 standing part. As noble Lords will understand, the framework for the new infrastructure levy is contained in the new Part 10A that will be inserted into the Planning Act 2008 by Schedule 11 to the Bill. New Part 10A largely replicates existing legal provisions contained in Part 11 of the Planning Act 2008, with some necessary amendment.
We have discussed many of the key principles of the infrastructure levy and, by building on the legislative framework of the existing system, the new levy seeks to address deficiencies within the current system. The Government acknowledge that this is a substantial change to the system. That is why we have published the technical consultation. The output of that consultation will inform the preparation of draft regulations, on which the Government will consult further. The test-and-learn approach will allow us to evaluate and monitor the levy carefully, ensuring that we can devise a system that works in practice and produces the desired effects. I hope that this provides some reassurances that the infrastructure levy is worth pursuing as part of the Bill.
I am conscious that there were a number of questions and issues raised, particularly by my noble friend Lord Lansley and the noble Baroness, Lady Pinnock. Because of timings, I will look at Hansard tomorrow and, if there is anything further that I can add, I will write a letter.