SCHEDULE 2Consequential Amendments and Supplemental Provisions – Secondary Legislation
Money Laundering Regulations 2007I1172
1
Regulation 43 (review procedure) is amended as follows.
2
For the heading substitute “Appeals against decisions of the Commissioners”.
3
In paragraph (2) for “by notice to the Commissioners require them to review that decision” substitute “appeal to the tribunal in accordance with regulation 43F”.
4
For paragraphs (3) to (5) substitute—
3
The provisions of Part 5 of the Value Added Tax Act 1994 (appeals)254, subject to the modifications set out in paragraph 1 of Schedule 5 to these Regulations, apply in respect of appeals to a tribunal made under this regulation as they apply in respect of appeals made to the tribunal under section 83 (appeals) of that Act.
4
A tribunal hearing an appeal under paragraph (2) has the power to—
a
quash or vary any decision of the supervisory authority, including the power to reduce any penalty to such amount (including nil) as it thinks proper, and
b
substitute its own decision for any decision quashed on appeal.
5
The modifications in Schedule 5 have effect for the purposes of appeals made under this regulation.
6
For the purposes of appeals under this regulation, the meaning of “tribunal” is as defined in section 82 of the Value Added Tax Act 1994.