Finance Act 2001

Notification of registrability etc.

1 (1) An unregistered person who—

(a) has formed the intention of carrying out taxable activities,

(b) is required to be registered for the purposes of aggregates levy, or

(c) would be so required but for an exemption by virtue of regulations under section 24(4) of this Act,

shall notify the Commissioners of that fact.

(2) Subject to sub-paragraphs (5) and (6) below, a person who fails to comply with sub-paragraph (1) above shall be liable to a penalty.

(3) The amount of the penalty shall be—

(a) the amount equal to 5 per cent. of the relevant levy; or

(b) if it is greater or the circumstances are such that there is no relevant levy, £250.

(4) In sub-paragraph (3) above “relevant levy” means the aggregates levy (if any) to which the person in question is liable in respect of aggregate subjected to commercial exploitation in the period which—

(a) begins with the date with effect from which he is required to be registered for the purposes of that levy or, as the case may be, would be so required but for an exemption by virtue of regulations under section 24(4) of this Act; and

(b) ends with the date on which the Commissioners received notification of, or otherwise first became aware of, the fact that that person was required to be registered or is a person who would be so required but for such an exemption.

(5) A failure to comply with sub-paragraph (1) above shall not give rise to any liability to a penalty under this paragraph if the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.

(6) Where, by reason of any conduct falling within sub-paragraph (2) above—

(a) a person is convicted of an offence (whether under this Act or otherwise), or

(b) a person is assessed to a penalty under paragraph 7 of Schedule 6 to this Act (penalty for evasion),

that person shall not by reason of that conduct be liable also to a penalty under this paragraph.