Part ICustoms and Excise

Chapter IVAir Passenger Duty

Administration and enforcement

40Administration and enforcement

(1)

Air passenger duty shall be a duty of excise and, accordingly, shall be under the care and management of the Commissioners.

(2)

Schedule 6 to this Act (administration and enforcement) shall have effect.

41Offences

(1)

A person who is knowingly concerned—

(a)

in the fraudulent evasion (by him or another person) of duty, or

(b)

in taking steps with a view to such fraudulent evasion,

is guilty of an offence.

(2)

A person guilty of an offence under subsection (1) above is liable—

(a)

on summary conviction, to a penalty of—

(i)

the statutory maximum, or

(ii)

if greater, treble the amount of the duty evaded or sought to be evaded,

or to imprisonment for a term not exceeding six months, or to both, or

(b)

on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years, or to both.

(3)

A person who in connection with duty—

(a)

makes a statement that he knows to be false in a material particular or recklessly makes a statement that is false in a material particular, or

(b)

with intent to deceive, produces or makes use of a book, account, return or other document that is false in a material particular,

is guilty of an offence.

(4)

A person guilty of an offence under subsection (3) above is liable—

(a)

on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months, or to both, or

(b)

on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding two years, or to both.