136After paragraph 89 insert—
89A(1)This paragraph applies where an enforcement agent acting under the power conferred by section 51(A1) of the Finance Act 1997 (power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007) has entered into a controlled goods agreement with the person against whom the power is exercisable (“the person in default”).
(2)In this paragraph, “controlled goods agreement” has the meaning given by paragraph 13(4) of that Schedule.
(3)Subject to sub-paragraph (4), if the person in default removes or disposes of goods (or permits their removal or disposal) in breach of the controlled goods agreement, he is liable to a penalty equal to half of the levy or other amount recoverable under section 51(A1) of the Finance Act 1997.
(4)The person in default shall not be liable to a penalty under sub-paragraph (3) above if he satisfies the Commissioners or, on appeal, an appeal tribunal, that there is a reasonable excuse for the breach in question.
(5)This paragraph extends only to England and Wales.”