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Paragraph 46 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)

An assessment under paragraph 42(1) or (3) may not be made after the end of the relevant period.

(2)

Except in a case within sub-paragraph (3), the relevant period is the period of 4 years beginning with the day on which the failure attracting the penalty began.

(3)

Where an assessment under paragraph 42(1) or (3) is made in a case involving loss of CBAM—

(a)

brought about deliberately by the person liable to the penalty, or

(b)

attributable to a failure by that person to comply with a requirement under Part 2 of this Schedule,

the relevant period is the period of 20 years beginning with the day on which the failure attracting the penalty began.

(4)

In sub-paragraph (3) the reference to a loss brought about by a person includes a reference to a loss brought about by another person acting on behalf of that person.