The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009

Taxes Management Act 1970 U.K.

46.—(1) Section 100C (penalty proceedings before Commissioners) is amended as follows.

(2) In the heading for “Commissioners” substitute “First-tier Tribunal”.

(3) In subsection (1) for “General or Special Commissioners” substitute “First-tier Tribunal”.

(4) Omit subsection (1A).

(5) For subsection (2) substitute—

“(2) The person liable to the penalty shall be a party to the proceedings.”.

(6) In subsection (3) for “Commissioners” substitute “First-tier Tribunal”.

(7) For subsection (4) substitute—

“(4) In addition to any right of appeal on a point of law under section 11(2) of the TCEA 2007, the person liable to the penalty may appeal to the Upper Tribunal against the determination of a penalty in proceedings under subsection (1), but not against any decision which falls under section 11(5)(d) and (e) of the TCEA 2007 and was made in connection with the determination of the amount of the penalty.

(4A) Section 11(3) and (4) of the TCEA 2007 applies to the right of appeal under subsection (4) as it applies to the right of appeal under section 11(2) of the TCEA 2007.”.

(8) In subsection (5) for “court”, in each place, substitute “Upper Tribunal”.

Commencement Information

I1 Sch. 1 para. 46 in force at 1.4.2009, see art. 1(2)