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Paragraph 32

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

(1)

This paragraph applies if—

(a)

in complying with a data-holder notice, the data-holder provides inaccurate data, and

(b)

condition A, B or C is met.

(2)

Condition A is that the inaccuracy is—

(a)

due to a failure by the data-holder to take reasonable care, or

(b)

deliberate on the data-holder's part.

(3)

Condition B is that the data-holder knows of the inaccuracy at the time the data are provided but does not inform HMRC at that time.

(4)

Condition C is that the data-holder—

(a)

discovers the inaccuracy some time later, and

(b)

fails to take reasonable steps to inform HMRC.

(5)

If this paragraph applies, the data-holder is liable to a penalty not exceeding £3,000.

Notes on Schedule 23

Modifications

C1

Sch. 23 applied by S.I. 2009/470 reg. 33(1) (as substituted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 9))

C2

Sch. 23 applied (16.6.2016) (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 43(1)