Power to make assessmentsU.K.
5(1)Where a person becomes liable for a penalty under this Schedule—U.K.
(a)the Commissioners may assess the penalty, and
(b)if they do so, they must notify the amount to that person.
(2)Where a person is liable to a penalty under paragraph 1 for failure to comply with a requirement imposed by regulations under section 48(2) or 53, no assessment of the penalty may be made under this paragraph unless—
(a)the Commissioners have given the person written notice of the consequences of a continuing failure to comply with that requirement, and
(b)the notice has been given during the period of 2 years preceding the assessment.
(3)A notice under sub-paragraph (1) must specify a date, being not later than the date of the notice, to which the amount of the penalty is calculated.
(4)If the penalty continues to accrue after that date, a further assessment or assessments may be made under this paragraph in respect of the accrued amounts.
(5)If, within such period as may be notified by the Commissioners to the person liable to a penalty, the failure to comply with a requirement imposed by regulations under section 48(2), or by regulations or a direction under 53, is remedied, it is to be treated as remedied on the date specified under sub-paragraph (3).
Commencement Information
I1Sch. 9 para. 5 in force at 6.4.2018 by S.I. 2018/464, art. 2(e)