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Paragraph 42 Penalties under paragraphs 38 or 39: administration and supplementary provision

United Kingdom

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

(1)

Where a person is liable to a penalty, an officer of Revenue and Customs—

(a)

may assess the amount of the penalty, and

(b)

where such an assessment is made, must notify the person of the amount.

(2)

Sub-paragraph (3) applies where—

(a)

an officer of Revenue and Customs has made an assessment of a penalty, and

(b)

it appears to the officer that the amount which ought to have been assessed exceeds the amount that has already been assessed.

(3)

The officer may—

(a)

may make a supplementary assessment of the amount of the penalty, and

(b)

where such an assessment is made, must notify the person of that amount.

(4)

An amount assessed and notified to a person under sub-paragraph (1) or (3) is recoverable on the basis that it is an amount of CBAM due from that person.

(5)

But sub-paragraph (4) does not apply if, or to the extent that, the assessment has been withdrawn or reduced.

(6)

The fact that conduct giving rise to a penalty has ended before an assessment is made under sub-paragraph (1) or (3) does not affect the power of an officer of Revenue and Customs to make such an assessment.