SCHEDULES
C1C2SCHEDULE 23Data-gathering powers
Sch. 23 applied (16.6.2016) (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 43(1)
Part 4Penalties
Increased daily default penalty
38
1
This paragraph applies if—
a
a penalty under paragraph 31 is assessed under paragraph 35,
b
the failure in respect of which that assessment is made continues for more than 30 days beginning with the date on which notification of that assessment is given, and
c
the data-holder has been told that an application may be made under this paragraph for an increased daily penalty to be F1assessable.
2
If this paragraph applies, an officer of Revenue and Customs may make an application to the tribunal for an increased daily penalty to be F2assessable on the data-holder.
F33
If the tribunal decides that an increased daily penalty should be assessable—
a
the tribunal must determine the day from which the increased daily penalty is to apply and the maximum amount of that penalty (“the new maximum amount”);
b
from that day, paragraph 31 has effect in the data-holder’s case as if “the new maximum amount” were substituted for “£60”.
4
The new maximum amount may not be more than £1,000.
5
But subject to that, in determining F4the new maximum amount the tribunal must have regard to—
a
the likely cost to the data-holder of complying with the data-holder notice,
b
any benefits to the data-holder of not complying with it, and
c
any benefits to anyone else resulting from the data-holder's non-compliance.
39
1
If F5the tribunal makes a determination under paragraph 38, HMRC must notify the data-holder.
2
The notification must specify the F6new maximum amount and the day from which it applies.
F73
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Sch. 23 applied by S.I. 2009/470 reg. 33(1) (as substituted (6.4.2013) by The Education (Student Loans) (Repayment) (Amendment) Regulations 2013 (S.I. 2013/607), regs. 1(1), 9))