# Finance (No. 2) Act 2017, Paragraph 8


(1) Where a penalty under this Schedule is payable by a company in respect of a contravention which was attributable to an officer of the company, the officer is liable to pay such portion of the penalty (which may be 100%) as the Commissioners may specify by written notice to the officer.
(2) Sub-paragraph (1) does not allow the Commissioners to recover more than 100% of a penalty.
(3) In the application of sub-paragraph (1) to a body corporate other than a limited liability partnership, “officer” means—
(a) a director (including a shadow director within the meaning of section 251 of the Companies Act 2006),
(b) a manager, and
(c) a secretary.
(4) In the application of sub-paragraph (1) to a limited liability partnership, “officer” means a member.
(5) In the application of sub-paragraph (1) in any other case, “officer” means—
(a) a director,
(b) a manager,
(c) a secretary, and
(d) any other person managing or purporting to manage any of the company's affairs.
(6) Where the Commissioners have specified a portion of a penalty in a notice given to an officer under sub-paragraph (1)—
(a) paragraph 5 applies to the specified portion as to a penalty,
(b) the officer must pay the specified portion before the end of the period of 30 days beginning with the day on which the notice is given,
(c) sub-paragraphs (3) to (5) of paragraph 6 apply as if the notice were an assessment of a penalty, and
(d) paragraph 9 applies as if the officer were liable to a penalty.
(7) In this paragraph “company” means any body corporate or unincorporated association, but does not include a partnership.

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Source: https://www.legislation.gov.uk/ukpga/2017/32/schedule/13/paragraph/8 (the official version)
Page: https://openlegislation.uk/finance-no-2-act-2017/schedule-13/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.