PART 11Administration, enforcement and supplementary powers

Enforcement powers

177Data-gathering powers: daily penalties for extended default

(1)

Part 4 of Schedule 23 to FA 2011 (data-gathering powers: penalties) is amended as follows.

(2)

In paragraph 38 (increased daily default penalty)—

(a)

in sub-paragraphs (1)(c) and (2), for “imposed” substitute “ assessable ”;

(b)

for sub-paragraphs (3) and (4) substitute—

“(3)

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.”;

(c)

in sub-paragraph (5), for “the amount” substitute “ the new maximum amount ”.

(3)

In paragraph 39—

(a)

in sub-paragraph (1), for “a data-holder becomes liable to a penalty” substitute “ the tribunal makes a determination ”;

(b)

in sub-paragraph (2), for “the day from which the increased penalty is to apply” substitute “ new maximum amount and the day from which it applies ”;

(c)

omit sub-paragraph (3).

(4)

In paragraph 40 (enforcement of penalties), in sub-paragraph (2)(a) omit “or 39”.

(5)

At the end of paragraph 36 (right to appeal against penalty), the existing text of which becomes sub-paragraph (1), insert—

“(2)

But sub-paragraph (1)(b) does not give a right of appeal against the amount of an increased daily penalty payable by virtue of paragraph 38.”