The Landfill Tax (Qualifying Fines) Order 2015

Conditions applicable to qualifying fines

4.—(1) The fines contained in any quantity of material received by a registrable person(1) for disposal must not be treated as qualifying fines unless all of the following conditions are met—

(a) where the owner of the fines immediately prior to the disposal and the registrable person are not the same person, the registrable person holds a transfer note in respect of that quantity of material;

(b) the registrable person holds such evidence as is specified in a published notice that the fines are qualifying fines;

(c) where a LOI test has been conducted on any part of the fines in accordance with any published notice, the LOI percentage determined by that test does not exceed—

(i) if the fines tested were disposed of or treated as disposed of prior to 1st April 2016, 15%; or

(ii) if the fines tested were disposed of or treated as disposed of on or after 1st April 2016, 10%; and

(d) where the Commissioners have directed a registrable person to conduct a LOI test of a quantity of material proposed to be disposed of as qualifying fines, that person conducts the test.

(2) No material received by a registrable person for disposal as fines shall be treated as qualifying fines, for the period specified in paragraph (3), unless the registrable person has conducted the LOI test in accordance with such requirements in relation to the test as may be specified by published notice.

(3) For the purpose of paragraph (2), the period begins on the date that the condition in that paragraph is not met and ends when that condition is met.

(1)

Section 47(10) of the Finance Act 1996 defines a registrable person as a person who is, or is liable to be, registered under that section.