10. —
(1) Where any person is appointed by virtue of section 48 of the Act to be the VAT representative of another (in this regulation referred to as “his principal”), the VAT representative shall notify the Commissioners of his appointment [F1in the form specified in a notice published by the Commissioners] within 30 days of the date on which his appointment became effective and the notification shall contain the particulars (including the declaration) set out [F2in that notice].
(2) The notification referred to in this regulation shall be accompanied by evidence of the VAT representative’s appointment.
(3) [F3Subject to paragraphs (3A) and (3B), where] a person is appointed by virtue of section 48 of the Act to be a VAT representative, the Commissioners shall register the name of that VAT representative against the name of his principal in the register kept for the purposes of the Act.
[F4(3A) The Commissioners may refuse to register a person in accordance with paragraph (3) if they are satisfied that the person is not a fit and proper person to act in that capacity.
(3B) Where a person is registered as a VAT representative in accordance with paragraph (3) the Commissioners may cancel that person’s registration if they are satisfied that the person is not, or is no longer, a fit and proper person to act in that capacity.]
(4) Every VAT representative who is registered in accordance with this regulation shall, within 30 days of any changes being made in the name, constitution or ownership of his business or of his ceasing to be a person’s VAT representative, or of any other event occurring which may necessitate the variation of the register, notify the Commissioners in writing of such change, cessation or event and furnish them with full particulars thereof.
(5) For the purposes of this regulation the date upon which the appointment of a VAT representative (“the first VAT representative”) shall be regarded as having ceased shall be treated as being whichever is the earliest of the following times—
(a)when the Commissioners receive any notification in accordance with regulation 5(2), or
(b)when the Commissioners receive a notification of appointment in accordance with paragraph (1) above of a person other than the first VAT representative, or
(c)when the Commissioners receive a notification of cessation in accordance with regulation 5(2), or
(d)when the Commissioners receive a notification of cessation in accordance with paragraph (4) above, or
(e)when a VAT representative dies, becomes insolvent or becomes incapacitated, [F5or]
[F6(f)when the Commissioners cancel a VAT representative’s registration in accordance with paragraph (3B),]
provided that if the Commissioners have not received a notification such as is mentioned in all or any of sub-paragraphs (a), (c) or (d) above and another person has been appointed as a VAT representative by virtue of section 48 of the Act, the Commissioners may treat the date of cessation as the date of appointment of that other person.
(6) In relation to a company which is a VAT representative, the references in paragraph (5)(e) above to the VAT representative becoming insolvent or incapacitated shall be construed as references to its going into liquidation or receivership or [F7entering administration].
Textual Amendments
F1Words in reg. 10(1) substituted (15.10.2012) by The Value Added Tax (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1899), regs. 2(2), 8(a)
F2Words in reg. 10(1) substituted (15.10.2012) by The Value Added Tax (Amendment) (No. 2) Regulations 2012 (S.I. 2012/1899), regs. 2(2), 8(b)
F3Words in reg. 10(3) substituted (7.11.2016) by The Value Added Tax (Amendment) Regulations 2016 (S.I. 2016/989), regs. 1, 2(2)
F4Reg. 10(3A)-(3B) inserted (7.11.2016) by The Value Added Tax (Amendment) Regulations 2016 (S.I. 2016/989), regs. 1, 2(3)
F5Word in reg. 10(5)(e) inserted (7.11.2016) by The Value Added Tax (Amendment) Regulations 2016 (S.I. 2016/989), regs. 1, 2(4)(a)
F6Reg. 10(5)(f) inserted (7.11.2016) by The Value Added Tax (Amendment) Regulations 2016 (S.I. 2016/989), regs. 1, 2(4)(b)
F7Words in reg. 10(6) substituted (15.9.2003) by The Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096), art. 1(1), Sch. para. 57 (with art. 6)
Commencement Information
I1Reg. 10 in force at 20.10.1995, see reg. 1