Moved by
Baroness Scott of Bybrook
93: After Clause 131, insert the following new Clause—
“Enforcement of Community Infrastructure Levy
(1) In section 218 of the Planning Act 2008 (enforcement), for subsections (11) and (12) substitute—
“(11) Regulations under this section creating a criminal offence may not provide for—
(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,
(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or
(c) imprisonment for a term exceeding 2 years, on conviction on indictment.
(12) In subsection (11)(a), “the maximum term for summary offences” means—
(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
(b) in relation to an offence committed after that time, 51 weeks.””
Member's explanatory statement
This amendment amends section 218 of the Planning Act 2008 to bring the enforcement provisions relating to the community infrastructure levy in line with the new enforcement provisions relating to the infrastructure levy (see new section 204S of the Planning Act 2008 inserted by Schedule 12 to the Bill). These provisions reflect changes to sentencing law.