PART 3Information notices and notifications of changes of circumstances

31Penalties under section 30: appeals and enforcement

1

A person who is given a penalty notice under section 30 may appeal to F1the First-tier Tribunal for Scotland against the imposition of the penalty.

2

An appeal must be made before the end of the period of 28 days beginning with the day on which the penalty notice is given.

3

The making of an appeal under subsection (1) against the imposition of a penalty—

a

is to be treated as an appeal against the imposition of that penalty and any further penalty to which the appellant may be liable under section 30(4) or (5),

b

does not prevent liability for any such further penalty arising.

4

On an appeal F1the First-tier Tribunal for Scotland may mitigate or remit any penalty under section 30 if it is satisfied on either or both of the grounds specified in subsection (5).

5

Those grounds are—

a

that the person appealing had a reasonable excuse for not complying with the assessor information notice, or

b

that the information required by the notice is not in the person's possession or control.

6

A penalty is recoverable as a civil debt due to the assessor.

7

The Scottish Ministers may by regulations make further provision about appeals under this section, including in particular—

a

information to be included in, and documents to be submitted with, such an appeal,

b

whether the penalty to which such an appeal relates, and any further penalty under section 30(4) or (5), is payable while the appeal is outstanding,

c

the procedure to be followed in such an appeal,

d

the period within which such an appeal is to be disposed of.

8

Regulations under subsection (7)—

a

may make different provision for different purposes,

b

may make incidental, supplementary, consequential, transitional, transitory or saving provision.

9

Regulations under subsection (7) are subject to the negative procedure.

10

Before making regulations under subsection (7), the Scottish Ministers must consult such persons as they consider appropriate.