xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

SCHEDULE 7Aggregates levy: information and evidence etc

Provision of information

1(1)Every person involved (in whatever capacity) in subjecting any aggregate to exploitation in the United Kingdom, or in any connected activities, shall provide the Commissioners with such information relating to the matters in which he is or has been involved as the Commissioners may reasonably require.

(2)Information required under sub-paragraph (1) above shall be provided to the Commissioners within such period after being required, and in such form, as the Commissioners may reasonably require.

(3)Subject to sub-paragraphs (4) and (5) below and to paragraph 3(5) of Schedule 10 to this Act (which relates to supplementary assessments of daily penalties), if a person fails to provide information which he is required to provide under this paragraph, he shall be liable—

(a)to a penalty of £250; and

(b)to a further penalty of £20 for every day after the last relevant date and before the day after that on which the required information is provided.

(4)Liability to a penalty specified in sub-paragraph (3) above shall not arise if the person required to provide the information satisfies the Commissioners or, on appeal, an appeal tribunal—

(a)in the case of the penalty under paragraph (a) of that sub-paragraph that there is a reasonable excuse—

(i)for the initial failure to provide the required information on or before the last relevant date; and

(ii)for every subsequent failure to provide it;

and

(b)in the case of any penalty under paragraph (b) of that sub-paragraph for any day, that there is a reasonable excuse for the failure to provide the information on or before that day.

(5)Where, by reason of any failure by any person to provide information required under this paragraph—

(a)that person is convicted of an offence (whether under this Act or otherwise), or

(b)that person is assessed to a penalty under paragraph 7 of Schedule 6 to this Act (penalty for evasion),

that person shall not by reason of that failure be liable also to a penalty under this paragraph.

(6)In this paragraph “the last relevant date” means the last day of the period within which the person in question was required to provide the information.