The Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 1998

Amendments to Part II of the principal Regulations

8.—(1) After regulation 7 the following regulations shall be inserted—

“Registration cards—powers of inspectors and persons nominated by the Board

7A.— (1) The power to issue or replace a registration card may be exercised either by an inspector or by any person nominated by the Board.

(2) The power to require the surrender of, or cancel, a registration card may be exercised by an inspector.

Registration cards—appeals

7B.— (1) Any person aggrieved by the refusal to issue or replace a registration card under regulation 7A(1) or the cancellation of a registration card under regulation 7A(2) may, by notice given to the Board within 30 days after the refusal or, as the case may be, the cancellation, appeal to the General Commissioners or, if he so elects in the notice, to the Special Commissioners, to determine the matter.

(2) The like provisions as are contained in Part V of the Management Act(1) shall apply, with the appropriate modifications, to an appeal under paragraph (1) as they apply to an appeal against an assessment.

Form of registration card

7C.— (1) A registration card shall be prepared by an authorised officer of the Board or any person nominated by the Board—

(a) in the case of a temporary registration card, in the form designated CIS4(T), and

(b) in any other case, in the form designated CIS4(P),

in Schedule 1 to these regulations.

(2) Where a registration card, other than a temporary registration card, is issued to an individual otherwise than as a partner in a firm, the card shall show—

(a) the individual’s name,

(b) his national insurance number,

(c) a facsimile of his usual signature,

(d) a full face photograph, being a true likeness of him,

(e) the distinctive reference number assigned to the card, and

(f) where the individual so wishes, the (or, where there is more than one, a) business name under which his business is carried on.

(3) Where a registration card, other than a temporary registration card, is issued to an individual as a partner in a firm, the card shall show—

(a) the individual’s name,

(b) his national insurance number,

(c) a facsimile of his usual signature,

(d) a full face photograph, being a true likeness of him,

(e) the distinctive reference number assigned to the card,

(f) the words “Acting for”,

(g) the name of the firm, and

(h) subject to paragraph (5), and where the individual so wishes, the (or, where there is more than one, a) business name under which the firm’s business is carried on.

(4) Where a registration card, other than a temporary registration card, is issued to a company, the card shall show—

(a) the name of the director or secretary of the company who is authorised to use the card,

(b) his national insurance number,

(c) a facsimile of his usual signature,

(d) a full face photograph, being a true likeness of him,

(e) the distinctive reference number assigned to the card,

(f) the words “Acting for”,

(g) the name of the company, and

(h) subject to paragraph (5), and where the director or secretary of the company so wishes, the (or, where there is more than one, a) business name under which the company’s business is carried on

(5) Where, in a case to which paragraph (3) or (4) applies, the registration card shows a business name under which the firm’s or company’s business is carried on, that business name shall be the same as that which appears on all other cards that are uncancelled, which have been issued to the partners in the firm or to the company.

(6) A temporary registration card may be issued, showing the same information as is required by paragraph (2), (3) or (4), as the case may be, but with the substitution for sub-paragraph (b) in each case of—

“(b) the date of its expiry which shall be not more than three months from the date of its issue,”.

Issue of registration card

7D.— (1) A registration card containing the information specified in regulation 7C(2) or (3), as the case may be, shall be issued by an inspector or any person nominated by the Board, to the individual whose name, national insurance number and photograph appear on it.

(2) A registration card containing the information specified in regulation 7C(4) shall be issued by an inspector or any person nominated by the Board, to the company whose name appears on it.

Production for inspection and surrender of a registration card

7E.— (1) A user of a registration card, or any person having a registration card in his possession, shall, whenever required to do so by an authorised officer of the Board, produce the registration card to that officer for inspection.

(2) A user of a registration card, or any person having a registration card in his possession, shall, whenever required to do so by an authorised officer of the Board (whether or not by way of notice served on him by that officer), surrender the registration card to the Board or to that officer.

(3) Paragraphs (1) and (2) shall apply whether or not the registration card in question has been cancelled, at the time the requirement is made by the authorised officer of the Board.

Production and verification of a sub-contractor’s registration card

7F.— (1) Before making any payment to which section 559 applies to a sub-contractor, and unless the circumstances specified in paragraph (3) apply, a contractor shall—

(a) ensure that the sub-contractor’s registration card is produced to him, and

(b) satisfy himself by inspection of the registration card that the person producing it is the user of that registration card.

(2) For the purposes of paragraph (1), the user of the registration card shall, whenever required to do so, produce the registration card for inspection by the contractor or the contractor’s authorised representative.

(3) The circumstances specified in this paragraph are that the contractor—

(a) has previously caused the sub-contractor’s registration card to be produced to him, and

(b) thereby satisfied himself as mentioned in paragraph 1(b), and

(c) has no reason to doubt that the person who produced it remains the user of that registration card.”

(2) Regulations 7A to 7E shall have effect on or after 23rd November 1998.

(1)

1970 c. 9.