The Economic Crime (Anti-Money Laundering) Levy (Amendment) Regulations 2023

Amendment of Part 4: Provisions for assessment, payment, collection and recovery of the levy, where the appropriate collection authority is the Gambling Commission

7.  After regulation 11 (late payment interest), insert—

“Assessment by the Gambling Commission of amounts of levy due

11A.— (1) Where it appears to the Gambling Commission that an amount of levy has become due and there has been a relevant failure, the Gambling Commission—

(a) may assess the amount of levy due from a person for that financial year to the best of their judgement; and

(b) must, where such an assessment is made, give a notice to that person (a “notice of recalculation”), notifying that person of the assessment made.

(2) The notice of recalculation must include—

(a) the date on which the notice is given;

(b) a statement of the amount of levy now due;

(c) the time within which any appeal against the assessment may be made.

(3) In this regulation, any of the following is a “relevant failure”—

(a) a failure to make an economic crime (anti-money laundering) levy return;

(b) a failure to keep documents necessary to verify an economic crime (anti-money laundering) levy return;

(c) the making of an incomplete or inaccurate economic crime (anti-money laundering) levy return;

(d) an amount of levy has been repaid that ought not to have been repaid.

Time limit for recalculation notice

11B.— (1) A notice of recalculation may not be given after the relevant time.

(2) The “relevant time” is—

(a) the end of the period of 4 years beginning with the date on which an economic crime (anti-money laundering) levy return is made, or

(b) where the economic crime (anti-money laundering) levy return has not been made, the end of the period of 20 years beginning with the due date.

Payment of levy after assessment by the Gambling Commission

11C.— (1) The amount of levy stated in the notice of recalculation as the amount due—

(a) must be paid by the date which is 30 days after the date of the notice of recalculation, and

(b) is recoverable on the basis that it is an amount of levy due from that person.

(2) But paragraph (1) does not apply if, or to the extent that, the notice of recalculation has been withdrawn or the assessment reduced.”.