Part 3

Taxes and duties on importation and exportation: penalties

Reduction of amount of penalty

Reduction of penalty under section 25 or 26
29
1
Where a person is liable to a penalty under section 25 or 26—
a
the Commissioners (whether originally or on review) or, on appeal, an appeal tribunal may reduce the penalty to such amount (including nil) as they think proper; and
b
the Commissioners on a review, or an appeal tribunal on an appeal, relating to a penalty reduced by the Commissioners under this subsection may cancel the whole or any part of the reduction previously made by the Commissioners.
2
In exercising their powers under subsection (1), neither the Commissioners nor an appeal tribunal are entitled to take into account any of the matters specified in subsection (3).
3
Those matters are—
a
the insufficiency of the funds available to any person for paying any relevant tax or duty or the amount of the penalty,
b
the fact that there has, in the case in question or in that case taken with any other cases, been no or no significant loss of any relevant tax or duty,
c
the fact that the person liable to the penalty, or a person acting on his behalf, has acted in good faith.
S. 29 in force at 27.11.2003 by S.I. 2003/2985, art. 2
Ss. 29-41 applied (17.7.2014) by Finance Act 2014 (c. 26), s. 102(2)
Pt. 3 modified (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by 2018 c. 22, Sch. 7 para. 158(7) (as inserted by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 1 para. 10(6) (with Sch. 2 para. 7(7)-(9); S.I. 2020/1642 reg. 9)
Pt. 3 continued (31.12.2020) by The Customs (Transitional) (EU Exit) Regulations 2020 (S.I. 2020/1449), regs. 1(2), 3(1)(b); S.I. 2020/1643, reg. 2, Sch.