Child Trust Funds Act 2004

21 Decisions, appeals, mitigation and recovery U.K.

(1) It is for the Inland Revenue to impose a penalty under section 20.

(2) If the Inland Revenue decide to impose such a penalty the decision must (subject to the permitted maximum) set it at such amount as, in their opinion, is appropriate.

(3) A decision to impose such a penalty may not be made after the end of the period of six years beginning with the date on which the penalty was incurred or began to be incurred.

(4) The Inland Revenue must give notice of such a decision to the person on whom the penalty is imposed.

(5) The notice must state the date on which it is given and give details of the right to appeal against the decision under section 22.

(6) After the notice has been given, the decision must not be altered except on appeal.

(7) But the Inland Revenue may, in their discretion, mitigate any penalty under section 20.

(8) A penalty under section 20 becomes payable at the end of the period of 30 days beginning with the date on which notice of the decision is given.

(9) On an appeal under section 22 against a decision under this section, the General Commissioners or Special Commissioners may—

(a) if it appears that no penalty has been incurred, set the decision aside,

(b) if the amount set appears to be appropriate, confirm the decision,

(c) if the amount set appears to be excessive, reduce it to such other amount (including nil) as they consider appropriate, or

(d) if the amount set appears to be insufficient, increase it to such amount not exceeding the permitted maximum as they consider appropriate.

(10) An appeal from a decision of the Commissioners under subsection (9) lies, at the instance of the person on whom the penalty was imposed, to—

(a) the High Court, or

(b) in Scotland, the Court of Session as the Court of Exchequer in Scotland,

and on such an appeal the court has a similar jurisdiction to that conferred on the Commissioners by that subsection.

(11) A penalty is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (c. 9) (collection and recovery) as if it were tax charged in an assessment and due and payable.

Commencement Information

I1 S. 21 in force at 1.1.2005 for specified purposes by S.I. 2004/2422, art. 2