The Landfill Tax (Amendment) Regulations 1999

7.  After regulation 33 there shall be inserted—

“Obligations of approved bodies

33A.— (1) An approved body shall—

(a) continue to meet all the requirements of regulation 33 above;

(b) apply qualifying contributions and any income derived therefrom only to approved objects;

(c) not apply any of its funds for the benefit of any of the persons who have made qualifying contributions to it or who were contributing third parties in relation to such contributions (except to the extent that they benefit by virtue of belonging to a class of persons that benefits generally);

(d) make and retain records of the following—

(i) the name, address and registration number of each registered person making a qualifying contribution to the body;

(ii) the name and address of any contributing third party in relation to a qualifying contribution received by the body;

(iii) the amount and date of receipt of each qualifying contribution and the amount and date of receipt of any income derived therefrom;

(iv) in the case of a transfer of the whole or part of any qualifying contribution or income derived therefrom to or from the body, the date of the transfer, the amount transferred, the name and enrolment number of the body from or, as the case may require, to which it was transferred, the name, address and registration number of the person who made the qualifying contribution and the name and address of any contributing third party in relation to the qualifying contribution;

(v) in respect of each qualifying contribution and any income derived therefrom, including any such amount transferred to the body by another approved body, the date of and all other details relating to its expenditure;

(e) provide the following information to the regulatory body or, if they are performing the functions specified in regulation 34(1) below, to the Commissioners within 7 days of the receipt by it of any qualifying contribution—

(i) the amount of the contribution;

(ii) the date it was received;

(iii) the name and registration number of the person making the contribution;

(iv) the name and address of any contributing third party in relation to the contribution notified to it by virtue of regulation 32(2B) above;

(f) notify the regulatory body within seven days of any transfer to or by it of qualifying contributions or of income derived therefrom of—

(i) the date of the transfer;

(ii) the enrolment number of the approved body by or, as the case may require, to which the transfer was made;

(iii) the amount transferred;

(iv) the name and registration number of the person who made the qualifying contribution;

(v) the name and address of any contributing third party in relation to the contribution; and

(vi) the approved objects to which the transferred funds are to be applied;

(g) provide the regulatory body or, if they are performing the functions specified in regulation 34(1) below, the Commissioners with information from or access to the records referred to in sub-paragraph (f) above within 14 days (or such longer period as the regulatory body or, as the case may require, the Commissioners may allow) of a request being made for such information or access;

(h) submit to the regulatory body or, if they are performing the functions specified in regulation 34(1) below, to the Commissioners within 14 days of the end of the relevant period determined in accordance with paragraph (2) below details of—

(i) qualifying contributions and any other income or profit whatsoever received by it,

(ii) any expenditure made by it during the period, and

(iii) any balances held by it at the end of the period;

(i) submit to the regulatory body within 9 months of the end of its financial year independently audited financial accounts for that year; and

(j) pay to the regulatory body an amount equal to 5 per cent. of each qualifying contribution it receives, or such lesser amount as the regulatory body may require, towards its running costs within 14 days of receipt of a demand for payment.

(2) For the purposes of paragraph (1)(h) above, the relevant period in respect of an approved body is—

(a) in the case of the first such period—

(i) the period of 6 months, or

(ii) where the aggregate of the qualifying contributions and income therefrom received by the body in the period referred to in sub-paragraph (i) above is no greater than £100,000, the period of 12 months,

commencing with the date on which the body was approved; and

(b) in the case of subsequent periods—

(i) the period of 6 months, or

(ii) where the aggregate of the qualifying contributions and income therefrom received by the body during the period referred to in sub-paragraph (i) above and the period of 6 months preceding that does not exceed £100,000, the period of 12 months,

commencing with the day after the end of the first or, as the case may require, a subsequent period.”.