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Paragraph 58

Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the Commissioners are satisfied that a registered person—

(a)

has ceased to make, or have made to him, taxable supplies on which he is liable to account for the levy charged, and

(b)

does not intend to make, or have made to him, any such supplies,

they may cancel his registration with effect from such time after he last made, or had made to him, taxable supplies as appears to them to be appropriate.

(2)

Sub-paragraph (1) applies whether or not the registered person has notified the Commissioners under paragraph 57.

(3)

The Commissioners shall be under a duty to exercise the power conferred by sub-paragraph (1) with effect from any time if, where the power is exercisable, they are satisfied that the conditions specified in sub-paragraph (4) are satisfied and were or will be satisfied at that time.

(4)

Those conditions are—

(a)

that the person in question has given a notification under paragraph 57;

(b)

that no levy due from that person, and no amount recoverable as if it were levy, remains unpaid;

(c)

that no tax credit to which that person is entitled by virtue of any tax credit regulations is outstanding; and

(d)

that that person is not subject to any outstanding liability to make a return for the purposes of the levy.

(5)

Where—

(a)

a registered person notifies the Commissioners under paragraph 57, and

(b)

they are satisfied that (if he had not been registered) he would not have been required to be registered at any time since the time when he was registered,

they shall cancel his registration with effect from the date of his registration.

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)