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Taxes Management Act 1970
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- 1970 c. 9
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- Section 100D
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Changes over time for: Section 100D
Version Superseded: 31/07/1997
Alternative versions:
- 01/02/1991- Amendment
- 25/07/1991- Amendment
- 03/05/1994
Point in time - 31/07/1997- Amendment
- 20/05/1999- Amendment
- 01/04/2000- Amendment
- 01/09/2000- Amendment
- 06/04/2001- Amendment
- 01/04/2008- Amendment
- 06/04/2009- Amendment
- 08/04/2010- Amendment
- 06/04/2014- Amendment
- 16/06/2016- Amendment
- 24/02/2022- Amendment
- 05/01/2023- Amendment
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Taxes Management Act 1970, Section 100D is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1100D Penalty proceedings before court.U.K.
(1)Where in the opinion of the Board the liability of any person for a penalty arises by reason of the fraud of that person or any other person, proceedings for the penalty may be instituted before the High Court or, in Scotland, the Court of Session as the Court of Exchequer in Scotland.
(2)Proceedings under this section which are not instituted (in England, Wales or Northern Ireland) under the Crown Proceedings Act 1947 by and in the name of the Board as an authorised department for the purposes of that Act shall be instituted—
(a)in England and Wales, in the name of the Attorney General,
(b)in Scotland, in the name of the Lord Advocate, and
(c)in Northern Ireland, in the name of the Attorney General for Northern Ireland.
(3)Any proceedings under this section instituted in England and Wales shall be deemed to be civil proceedings by the Crown within the meaning of Part II of the Crown Proceedings Act 1947 and any such proceedings instituted in Northern Ireland shall be deemed to be civil proceedings within the meaning of that Part of that Act as for the time being in force in Northern Ireland.
(4)If in proceedings under this section the court does not find that fraud is proved but consider that the person concerned is nevertheless liable to a penalty, the court may determine a penalty notwithstanding that, but for the opinion of the Board as to fraud, the penalty would not have been a matter for the court.]
Textual Amendments
F1Ss. 100-100D substituted for s. 100 by Finance Act 1989 (c. 26), s. 167
Modifications etc. (not altering text)
C1Ss. 100-100D power to apply conferred (N.I.) (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 1(4), 173(4), Sch. 1, para. 7(2)(b)(9)-(12)
Ss. 100-100D power to apply conferred (E.W.S.) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 1(4), 177(4), Sch. 1, para. 7(2)(b)(9)-(12)
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