{
  "url": "https://openlegislation.uk/finance-act-2026/schedule-17/paragraph-42",
  "json_url": "https://openlegislation.uk/finance-act-2026/schedule-17/paragraph-42.json",
  "legislation": "ukpga/2026/11",
  "legislation_title": "Finance Act 2026",
  "legislation_url": "https://openlegislation.uk/finance-act-2026",
  "path": "schedule/17/paragraph/42",
  "kind": "paragraph",
  "number": "42",
  "heading": "Penalties under paragraphs 38 or 39: administration and supplementary provision",
  "text": "(1) Where a person is liable to a penalty, an officer of Revenue and Customs—\n(a) may assess the amount of the penalty, and\n(b) where such an assessment is made, must notify the person of the amount.\n(2) Sub-paragraph (3) applies where—\n(a) an officer of Revenue and Customs has made an assessment of a penalty, and\n(b) it appears to the officer that the amount which ought to have been assessed exceeds the amount that has already been assessed.\n(3) The officer may—\n(a) may make a supplementary assessment of the amount of the penalty, and\n(b) where such an assessment is made, must notify the person of that amount.\n(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CBAM due from that person.\n(5) But sub-paragraph (4) does not apply if, or to the extent that, the assessment has been withdrawn or reduced.\n(6) The fact that conduct giving rise to a penalty has ended before an assessment is made under sub-paragraph (1) or (3) does not affect the power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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "modified",
      "affecting": "uksi/2026/830",
      "affecting_title": "The Carbon Border Adjustment Mechanism (Transitory Provision) Regulations 2026"
    },
    {
      "type": "modified",
      "affecting": "uksi/2026/830",
      "affecting_title": "The Carbon Border Adjustment Mechanism (Transitory Provision) Regulations 2026"
    },
    {
      "type": "modified",
      "affecting": "uksi/2026/830",
      "affecting_title": "The Carbon Border Adjustment Mechanism (Transitory Provision) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/11/schedule/17/paragraph/42",
    "retrieved_at": "2026-10-29T08:42:24.914774+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."
}