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Finance Act 2001
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- 2001 c. 9
- SCHEDULE 6
- Part 1
- Section 1
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- S.I. 2004/1938 art. 2 commences (2001 c. 9)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/962 art. 2 commences (2002 c. 21)
- S.I. 2003/2093 art. 2 commences (2002 c. 40)
- S.I. 2004/1942 art. 2 commences (2004 c. 12)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2007/2118 art. 2 commences (2007 c. 11)
- S.I. 2009/404 art. 2 commences (2008 c. 9)
- S.I. 2009/511 art. 2 commences (2008 c. 9)
- S.I. 2009/571 art. 2-5 commences (2008 c. 9)
- S.I. 2010/815 art. 2 commences (2009 c. 10)
- S.I. 2010/867 art. 2 commences (2009 c. 10)
- S.I. 2011/777 art. 2 commences (2010 c. 33)
- S.R. 2006/21 art. 2 commences (S.I. 2005/1455 (N.I.))
- S.R. 2006/22 art. 2-7 transitional provisions for effects of SR 2006/21
- S.R. 2006/63 art. 2 commences (S.I. 2004/1501 (N.I.))
EvasionE+W+S+N.I.
1(1)A person is guilty of an offence if he is knowingly concerned in, or in the taking of steps with a view to—
(a)the fraudulent evasion by that person of any aggregates levy with which he is charged; or
(b)the fraudulent evasion by any other person of any aggregates levy with which that other person is charged.
(2)The references in sub-paragraph (1) above to the evasion of aggregates levy include references to obtaining, in circumstances where there is no entitlement to it, either a tax credit or a repayment of aggregates levy.
(3)A person guilty of an offence under this paragraph shall be liable (subject to sub-paragraph (4) below)—
(a)on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months, or to both;
(b)on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years, or to both.
(4)In the case of any offence under this paragraph, where the statutory maximum is less than three times the sum of the amounts of aggregates levy which are shown to be amounts that were or were intended to be evaded, the penalty on summary conviction shall be the amount equal to three times that sum (instead of the statutory maximum).
(5)For the purposes of sub-paragraph (4) above the amounts of levy that were or were intended to be evaded shall be taken to include—
(a)the amount of any tax credit, and
(b)the amount of any repayment of aggregates levy,
which was, or was intended to be, obtained in circumstances where there was no entitlement to it.
(6)In determining for the purposes of sub-paragraph (4) above how much aggregates levy (in addition to any amount falling within sub-paragraph (5) above) was or was intended to be evaded, no account shall be taken of the extent (if any) to which any liability to aggregates levy of any person fell, or would have fallen, to be reduced by the amount of any tax credit or repayment of aggregates levy to which he was, or would have been, entitled.
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