Finance Act 2011

Part 7 Administration etc

85 Security for payment of PAYE

(1) Section 684 of ITEPA 2003 (PAYE regulations) is amended as follows.

(2) In subsection (2), after item 4A insert—

“4B Provision for and in connection with requiring the giving, in specified circumstances, of security (or further security) for the payment of amounts in respect of which a person is or may be accountable to the Commissioners under the regulations.”

(3) After subsection (4) insert—

“(4A) A person who fails to comply with a requirement imposed under PAYE regulations to give security, or further security, for the payment of any amount commits an offence if the failure continues for such period as is specified; and a person guilty of an offence under this subsection is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

86 Data-gathering powers

(1) Schedule 23 contains provision for officers of Revenue and Customs to obtain data from data-holders.

(2) Schedule 24 contains amendments of Schedule 36 to FA 2008 (information and inspection powers).

87 Mutual assistance for recovery of taxes etc

(1) Schedule 25 contains provision for the purpose of giving effect to Council Directive 2010/24/EU (which concerns mutual assistance for the recovery of claims relating to taxes, duties and other measures).

(2) The Treasury may by regulations make provision for the purpose of giving effect to—

(a) any amendments or extensions of Council Directive 2010/24/EU,

(b) any EU instrument that—

(i) wholly or partly replaces that Directive or a replacement of it, or

(ii) otherwise makes provision for or in connection with mutual assistance between member States in the recovery of claims relating to taxes, duties and other measures, and

(c) any amendments or extensions of any such EU instrument.

(3) Regulations under subsection (2) may amend, replace or repeal Schedule 25 and any other enactment (whenever passed).

(4) Regulations under subsection (2) are to be made by statutory instrument.

(5) An instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of the House of Commons.