10(1)If HMRC think it right because of special circumstances, they may reduce an electronic sales suppression penalty.
(2)In sub-paragraph (1), βspecial circumstancesβ does not include ability to pay.
(3)In sub-paragraph (1), the reference to reducing a penalty includes a reference toβ
(a)staying a penalty, and
(b)agreeing a compromise in relation to proceedings in respect of a penalty.