Paragraph 46 Penalties under paragraphs 38 or 39: administration and supplementary provision
United Kingdom
An assessment under paragraph 42(1) or (3) may not be made after the end of the relevant period.
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.
Where an assessment under paragraph 42(1) or (3) is made in a case involving loss of CBAM—
brought about deliberately by the person liable to the penalty, or
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.
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.