{
  "url": "https://openlegislation.uk/export-penalty-regulations-2003/regulation-5",
  "json_url": "https://openlegislation.uk/export-penalty-regulations-2003/regulation-5.json",
  "legislation": "uksi/2003/3102",
  "legislation_title": "The Export (Penalty) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/export-penalty-regulations-2003",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Reduction of penalty under regulation 3",
  "text": "(1) Where a person is liable to a penalty under regulation 3—\n(a) HMRC (whether originally or on review) or, on appeal, an appeal tribunal may reduce the penalty to such amount (including nil) as they think proper; and\n(b) HMRC on a review, or an appeal tribunal on an appeal, relating to a penalty reduced by HMRC under this regulation may cancel the whole or any part of the reduction previously made by HMRC.\n(2) In exercising their powers under paragraph (1) above, neither HMRC nor an appeal tribunal are entitled to take into account any of the matters specified in paragraph (3) below.\n(3) Those matters are—\n(a) The insufficiency of the funds available to any person for paying the amount of the penalty,\n(b) The fact that the person liable to the penalty, or a person acting on his behalf, has acted in good faith.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 5 substituted (11.11.2011) by The Export (Penalty) (Amendment) Regulations 2011 (S.I. 2011/2512), regs. 1, 5"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/3102/regulation/5",
    "retrieved_at": "2026-10-29T05:41:20.352831+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}