Penalties

20Penalties

1

A penalty of £300 may be imposed on any person who fraudulently—

I1I2a

applies to open a child trust fund,

I3b

makes a withdrawal from a child trust fund otherwise than as permitted by regulations under section 3(4)(d), or

I3c

secures the opening of a child trust fund by the Inland Revenue.

I1I22

A penalty not exceeding £3,000 may be imposed on—

a

an account provider who fraudulently or negligently makes an incorrect statement or declaration in connection with a claim under section 8 or 9 or regulations under section 10 or 13, and

b

any person who fraudulently or negligently provides incorrect information in response to a requirement imposed by or under regulations under section 15.

I1I23

Penalties may be imposed on—

a

an account provider who fails to make a claim under section 8 or 9 or regulations under section 10 by the time required by regulations under the section concerned, and

b

any person who fails to make a document available, or provide information, in accordance with regulations under section 15.

I1I24

The penalties which may be imposed under subsection (3) are—

a

a penalty not exceeding £300, and

b

if the failure continues after a penalty under paragraph (a) is imposed, a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).

I1I25

No penalty under subsection (3) may be imposed on a person in respect of a failure after the failure has been remedied.

I1I26

For the purposes of subsection (3) a person is to be taken not to have failed to make a claim, make available a document or provide information which must be made, made available or provided by a particular time—

a

if the person made it, made it available or provided it within such further time (if any) as the Inland Revenue may have allowed,

b

if the person had a reasonable excuse for not making it, making it available or providing it by that time, or

c

if, after having had such an excuse, the person made it, made it available or provided it without unreasonable delay.

7

A penalty may be imposed on an account provider in respect of—

I1I2a

the provision by the account provider, as a child trust fund, of an account which does not meet the condition in subsection (8),

I1I2b

a failure by the account provider to comply with section 8(2) or 9(3) or with a requirement imposed on the account provider by regulations under section 5(5), 6(3), 7F1, 7A, 7B or 10(3), or

I3c

a breach of section 12(1), or regulations under section 12(2), in relation to a child trust fund held with the account provider.

I1I28

An account meets the condition referred to in subsection (7)(a) if—

a

it is of one of the descriptions prescribed by regulations under section 3(2),

b

section 3(4) is complied with in relation to it, and

c

the requirements imposed by regulations under section 3(5) are satisfied in relation to it.

I1I29

The penalty which may be imposed under subsection (7) on the account provider is a penalty not exceeding—

a

£300, or

b

£1 in respect of each account affected by the matter, or any of the matters, in respect of which the penalty is imposed,

whichever is greater.