Paragraph 136
This paragraph applies—
to any criminal proceedings against a person in respect of an offence in connection with or in relation to levy; and
to any proceedings against a person for the recovery of any sum due from him in connection with or in relation to levy.
Statements made or documents produced or provided by or on behalf of a person shall not be inadmissible in any proceedings to which this paragraph applies by reason only that—
a matter falling within sub-paragraph (3) or (4) has been drawn to that person’s attention; and
he was or may have been induced, as a result, to make the statements or to produce or provide the documents.
The matters falling within this sub-paragraph are—
that, in relation to levy, the Commissioners may assess an amount due by way of a civil penalty instead of instituting criminal proceedings;
that it is the practice of the Commissioners (without giving any undertaking as to whether they will make such an assessment in any case) to be influenced by whether a person—
has made a full confession of any dishonest conduct to which he has been a party; and
has otherwise co-operated to the full with any investigation.
The matter falling within this sub-paragraph is the fact that the Commissioners or, on appeal, an appeal tribunal have power under any provision of this Schedule to reduce a penalty.
Notes on Schedule 6
Modifications
- C1
Sch. 6 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Climate Change Levy (Suspension of Recycling Exemption) Order 2011 (S.I. 2011/1023), arts. 1, 2, 3
- C2
Sch. 6 modified (retrospective to 26.3.2013) by Finance Act 2013 (c. 29), Sch. 42 para. 1(1)