Other enforcement powers

50Power to exclude childcare from being qualifying childcare

1

This section applies if—

a

a person has done, or omitted to do, any act for the purpose of obtaining a payment from a childcare account,

b

the person’s conduct involved dishonesty, and

c

as a result the person has been convicted of an offence or has been notified of a penalty under section 46.

2

HMRC may direct that any childcare provided by the person is not qualifying childcare for the purposes of this Act.

3

A direction under this section has effect for 12 months beginning with the day on which it is made.

4

Regulations may amend subsection (3) so as to substitute a different period for the period for the time being specified there.

5

Where a direction under this section is made in relation to a person, the direction also applies in relation to—

a

any body corporate of which the person is a director or other officer,

b

any body corporate of which the person is a member, if the affairs of the body corporate are managed by its members, and

c

any Scottish firm of which the person is a partner.

6

HMRC must—

a

give a copy of a direction under this section to—

i

the person or persons in relation to whom it applies, and

ii

any person or body which provides childcare accounts, and

b

publish the direction in the way appearing to HMRC to be best calculated to bring it to the attention of those who may be affected by it.

7

HMRC may revoke a direction made under this section.