SCHEDULE 2Consequential Amendments and Supplemental Provisions – Secondary Legislation

Transfer of Funds (Information on the Payer) Regulations 2007I1178

1

Regulation 12 (review procedure) is amended as follows.

2

For the heading substitute “Appeals against decisions of the Commissioners”.

3

In paragraph (1) for “by notice to the Commissioners require them to review that decision” substitute “may appeal to the tribunal in accordance with regulation 12F”.

4

For paragraphs (2) to (4) substitute—

2

The provisions of Part 5 of the Value Added Tax Act 1994 (appeals)257, subject to the modifications set out in paragraph 2 of Schedule 2 of 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.

3

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.

4

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.