Office of Public Sector Information
PART 2 continued
(2) The provision that may be made in relation to any such case as is mentioned in subsection (1) above is provision—
(a) for such person as may be specified in the regulations to be entitled to a tax credit in respect of any aggregates levy charged on the aggregate in question;
(b) for a tax credit to which any person is entitled under the regulations to be brought into account when he is accounting for aggregates levy due from him for such accounting period or periods as may be determined in accordance with the regulations; and
(c) for a person entitled to a tax credit to be entitled, in any prescribed case where he cannot bring the tax credit into account so as to set it against a liability to aggregates levy, to a repayment of levy of an amount so determined.
(3) Regulations under this section may contain any or all of the following provisions—
(a) provision making any entitlement to a tax credit conditional on the making of a claim by such person, within such period and in such manner as may be prescribed;
(b) provision making entitlement to bring a tax credit into account, or to receive a repayment in respect of such a credit, conditional on compliance with such requirements as may be determined in accordance with the regulations;
(c) provision requiring a claim for a tax credit to be evidenced and quantified by reference to such records and other documents as may be so determined;
(d) provision requiring a person claiming any entitlement to a tax credit to keep, for such period and in such form and manner as may be so determined, those records and documents and a record of such information relating to the claim as may be so determined;
(e) provision for the withdrawal of a tax credit where any requirement of the regulations is not complied with;
(f) provision for interest at the rate applicable under section 197 of the Finance Act 1996 (c. 8) to be treated as added, for such period and for such purposes as may be prescribed, to the amount of any tax credit;
(g) provision for anything falling to be determined in accordance with the regulations to be determined by reference to a general or specific direction given in accordance with the regulations by the Commissioners.
(4) Without prejudice to the generality of the preceding provisions of this section, regulations under this section may also contain—
(a) provision for ascertaining whether, when and to what extent an amount is to be taken for the purposes of any regulations under this section to have been written off in any accounts as a bad debt;
(b) provision requiring a person who for the purposes of any such regulations is taken to have written off any amount as a bad debt to keep, for such period and in such form and manner as may be prescribed, information relating to anything subsequently paid in respect of the amount written off;
(c) provision for the withdrawal of the whole or an appropriate part of any tax credit relating to an amount taken to have been written off as a bad debt where the whole or any part (or further part) of the amount written off is subsequently paid;
(d) provision for ascertaining whether, and to what extent, anything received by any person is to be taken as a payment of, or of a part of, an amount taken, for the purposes of any regulations under this section, to have been written off;
(e) provision for determining the value for the purposes of provision made by virtue of paragraph (d) above of things received otherwise than in the form of money.
(5) Regulations made under this section shall have effect subject to the provisions of section 32 below.
(1) Where a person has paid an amount to the Commissioners by way of aggregates levy which was not levy due to them, they shall be liable to repay the amount to him.
(2) The Commissioners shall not be liable to repay an amount under this section except on the making of a claim for that purpose.
(3) A claim under this section must be made in such form and manner, and must be supported by such documentary evidence, as may be required by regulations made by the Commissioners.
(4) The preceding provisions of this section are subject to the provisions of section 32 below.
(5) Except as provided by this section, the Commissioners shall not, by virtue of the fact that it was not levy due to them, be liable to repay any amount paid to them by way of aggregates levy.
(1) The Commissioners shall not be liable, on any claim for a repayment of aggregates levy, to repay any amount paid to them more than three years before the making of the claim.
(2) In the case of any claim for a repayment of an amount of aggregates levy other than a claim to a repayment to which a person is entitled by virtue of tax credit regulations, it shall be a defence to that claim that the repayment of that amount would unjustly enrich the claimant.
(3) Subsection (4) below applies for the purposes of subsection (2) above where—
(a) there is an amount paid by way of aggregates levy which (apart from subsection (2) above) would fall to be the subject of a repayment of aggregates levy to any person (“the taxpayer”); and
(b) the whole or a part of the cost of the payment of that amount to the Commissioners has, for practical purposes, been borne by a person other than the taxpayer.
(4) Where, in a case to which this subsection applies, loss or damage has been or may be incurred by the taxpayer as a result of mistaken assumptions made in his case about the operation of any provisions relating to aggregates levy, that loss or damage shall be disregarded, except to the extent of the quantified amount, in the making of any determination as to—
(a) whether or to what extent the repayment of an amount to the taxpayer would enrich him; or
(b) whether or to what extent any enrichment of the taxpayer would be unjust.
(5) In subsection (4) above “the quantified amount” means the amount (if any) which is shown by the taxpayer to constitute the amount that would appropriately compensate him for loss or damage shown by him to have resulted, for any business carried on by him, from the making of the mistaken assumptions.
(6) The reference in subsection (4) above to provisions relating to aggregates levy is a reference to any provisions of—
(a) any enactment or subordinate legislation (whether or not still in force) which relates to that levy or to any matter connected with it; or
(b) any notice published by the Commissioners under or for the purposes of any enactment or subordinate legislation relating to aggregates levy.
(7) Schedule 8 to this Act (which contains further provision about payments and repayments by the Commissioners and about the setting off of amounts due to or from the Commissioners under this Part and the setting of other amounts against such amounts) shall have effect.
(1) The Commissioners may by regulations make provision for securing that every non-resident taxpayer has a person resident in the United Kingdom to act as his tax representative for the purposes of aggregates levy.
(2) Regulations under this section may, in particular, contain any or all of the following—
(a) provision requiring notification to be given to the Commissioners where a person becomes a non-resident taxpayer;
(b) provision requiring the appointment of tax representatives by non-resident taxpayers;
(c) provision for the appointment of a person as a tax representative to take effect only where the person appointed is approved by the Commissioners;
(d) provision authorising the Commissioners to give a direction requiring the replacement of a tax representative;
(e) provision authorising the Commissioners to give a direction requiring a person specified in the direction to be treated as the appointed tax representative of a non-resident taxpayer so specified;
(f) provision about the circumstances in which a person ceases to be a tax representative and about the withdrawal by the Commissioners of their approval of a tax representative;
(g) provision enabling a tax representative to act on behalf of the person for whom he is the tax representative through an agent of the representative;
(h) provision for the purposes of any provision made by virtue of paragraphs (a) to (g) above regulating the procedure to be followed in any case and imposing requirements as to the information and other particulars to be provided to the Commissioners;
(i) provision as to the time at which things done under or for the purposes of the regulations are to take effect.
(3) Subject to subsection (4) below, a person who—
(a) becomes subject, in accordance with any regulations under this section, to an obligation to request the Commissioners' approval for any person’s appointment as his tax representative, but
(b) fails (with or without making the appointment) to make the request as required by the regulations,
shall be liable to a penalty of £10,000.
(4) A failure such as is mentioned in subsection (3) above shall not give rise to liability to a penalty under this section if the person concerned satisfies the Commissioners or, on appeal, an appeal tribunal that there is a reasonable excuse for the failure.
(1) The tax representative of a non-resident taxpayer shall be entitled to act on the non-resident taxpayer’s behalf for the purposes of any provision made by or under this Part.
(2) The tax representative of a non-resident taxpayer shall be under a duty, except to such extent as the Commissioners by regulations otherwise provide, to secure the non-resident taxpayer’s compliance with, and discharge of, the obligations and liabilities to which the non-resident taxpayer is subject by virtue of any provision made by or under this Part (including obligations and liabilities arising or incurred before he became the non-resident taxpayer’s tax representative).
(3) A person who is or has been the tax representative of a non-resident taxpayer shall be personally liable—
(a) in respect of any failure while he is or was the non-resident taxpayer’s tax representative to secure compliance with, or the discharge of, any obligation or liability to which subsection (2) above applies, and
(b) in respect of anything done in the course of, or for purposes connected with, acting on the non-resident taxpayer’s behalf,
as if the obligations and liabilities to which subsection (2) above applies were imposed jointly and severally on the tax representative and the non-resident taxpayer.
(4) A tax representative shall not be liable by virtue of this section to be registered for the purposes of aggregates levy; but the Commissioners may by regulations—
(a) require the registration of the names of tax representatives against the names of the non-resident taxpayers of whom they are the representatives;
(b) make provision for the deletion of the names of persons who cease to be tax representatives.
(5) A tax representative shall not by virtue of this section be guilty of any offence except in so far as—
(a) he has consented to, or connived in, the commission of the offence by the non-resident taxpayer;
(b) the commission of the offence by the non-resident taxpayer is attributable to any neglect on the part of the tax representative; or
(c) the offence consists in a contravention by the tax representative of an obligation which, by virtue of this section, is imposed both on the tax representative and on the non-resident taxpayer.
(1) Schedule 9 to this Act (which provides for two or more bodies corporate to be treated as members of the same group for the purposes of this Part) shall have effect.
(2) Any aggregates levy with which a body corporate is charged in respect of aggregate subjected to commercial exploitation at a time when the body is a member of a group shall be treated for the purposes of this Part as if it were the representative member for that group (instead of that body) which is charged with the levy.
(3) All the bodies corporate who are members of a group when any aggregates levy becomes due from the representative member, together with any bodies corporate who become members of the group while any such levy remains unpaid, shall be jointly and severally liable for any aggregates levy due from the representative member.
(4) Subject to subsections (2) and (3) above, the Commissioners may by regulations make such provision as they consider appropriate about—
(a) the person by whom any obligation or liability imposed by or under this Part is to be performed or discharged, and
(b) the manner in which it is to be performed or discharged,
in a case where the person who (apart from the regulations) would be subject to the obligation or liability is one of a number of bodies corporate registered in the name of the representative member for a group.
(5) References in this section to aggregates levy being or becoming due from the representative member include references to any amounts being or becoming recoverable as if they were aggregates levy due from that member.
(6) For the purposes of this Part—
(a) a body corporate is a member of a group at any time in relation to which it falls to be treated as such a member in accordance with Schedule 9 to this Act; and
(b) the body corporate which is to be taken to be the representative member for a group at any time is the member of the group which in relation to that time is the representative member under that Schedule in the case of that group.
(1) The Commissioners may by regulations make provision for determining by what persons anything required to be done under this Part is to be done where, apart from those regulations, that requirement would fall on—
(a) persons carrying on business in partnership; or
(b) persons carrying on business together as an unincorporated body;
but any regulations under this subsection must be construed subject to the following provisions of this section.
(2) In determining for the purposes of this Part who at any time is the person chargeable with any aggregates levy where the persons responsible for subjecting any aggregate to commercial exploitation are persons carrying on any business—
(a) in partnership, or
(b) as an unincorporated body,
the firm or body shall be treated, for the purposes of that determination (and notwithstanding any changes from time to time in the members of the firm or body), as the same person and as separate from its members.
(3) Without prejudice to section 36 of the Partnership Act 1890 (c. 39) (rights of persons dealing with firm against apparent members of firm), where—
(a) persons have been carrying on in partnership any business in the course or furtherance of which any aggregate has been subjected to commercial exploitation, and
(b) a person ceases to be a member of the firm,
that person shall be regarded for the purposes of this Part (including subsection (7) below) as continuing to be a partner until the date on which the change in the partnership is notified to the Commissioners.
(4) Where a person ceases to be a member of a firm during an accounting period (or is treated as so ceasing by virtue of subsection (3) above) any notice, whether of assessment or otherwise, which—
(a) is served on the firm under or for the purposes of any provision made by or under this Part, and
(b) relates to, or to any matter arising in, that period or any earlier period during the whole or part of which he was a member of the firm,
shall be treated as served also on him.
(5) Without prejudice to section 16 of the Partnership Act 1890 (c. 39) (notice to acting partner to be notice to the firm), any notice, whether of assessment or otherwise, which—
(a) is addressed to a firm by the name in which it is registered, and
(b) is served in accordance with this Part,
shall be treated for the purposes of this Part as served on the firm and, accordingly, where subsection (4) above applies, as served also on the former partner.
(6) Subject to subsection (7) below, nothing in this section shall affect the extent to which, under section 9 of the Partnership Act 1890 (liability of partners for debts of the firm), a partner is liable for aggregates levy owed by the firm.
(7) Where a person is a partner in a firm during part only of an accounting period, his personal liability for aggregates levy incurred by the firm in respect of aggregate subjected to commercial exploitation in that period shall include, but shall not exceed, such proportion of the firm’s liability as may be just and reasonable in the circumstances.
(1) The Commissioners may by regulations make provision in accordance with the following provisions of this section for the application of this Part in cases in which an insolvency procedure is applied to a person or to a deceased person’s estate.
(2) The provision that may be contained in regulations under this section may include any or all of the following—
(a) provision requiring any such person as may be prescribed to give notification to the Commissioners, in the prescribed manner, of the prescribed particulars of any relevant matter;
(b) provision requiring a person to be treated, to the prescribed extent, as if, for the purposes of this Part or such of its provisions as may be prescribed, he were the same person as the subject of the procedure; and
(c) provision for securing continuity in the application of any of the provisions of this Part where, by virtue of any regulations under this section, any person is treated as if he were the same person as the subject of the procedure.
(3) In subsection (2) above “relevant matter”, in relation to a case in which an insolvency procedure is applied to any person or estate, means—
(a) the application of that procedure to that person or estate;
(b) the appointment of any person for the purposes of the application of that procedure;
(c) any other matter relating to—
(i) the application of that procedure to the subject of the procedure or to his estate;
(ii) the holding of an appointment made for the purposes of that procedure; or
(iii) the exercise or discharge of any powers or duties conferred or imposed on any person by virtue of such an appointment.
(4) Regulations made by virtue of subsection (2)(b) above may include provision for a person to cease, on the occurrence of such an event as may be prescribed, to be treated as if he were the same person as the subject of the procedure.
(5) Regulations under this section prescribing the manner in which any notification is to be given to the Commissioners may require it to be given in such manner and to contain such particulars as may be specified in a general notice published by the Commissioners in accordance with the regulations.
(6) Regulations under this section may provide that the extent to which, and the purposes for which, a person is to be treated under the regulations as if he were the same person as the subject of the procedure may be determined by reference to a notice given in accordance with the regulations to the person so treated.
(7) For the purposes of this section, an insolvency procedure is applied to a person if—
(a) a bankruptcy order, winding-up order or administration order is made in relation to that person or a partnership of which he is a member;
(b) an award of sequestration is made in relation to that person’s estate or the estate of a partnership of which he is a member;
(c) that person is put into administrative receivership;
(d) that person passes a resolution for voluntary winding up;
(e) any voluntary arrangement approved in accordance with—
(i) Part 1 or 8 of the Insolvency Act 1986 (c. 45), or
(ii) Part II or Chapter II of Part VIII of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) ,
comes into force in relation to that person or a partnership of which that person is a member;
(f) a deed of arrangement registered in accordance with—
(i) the Deeds of Arrangement Act 1914 (c. 47), or
(ii) Chapter I of Part VIII of that Order,
takes effect in relation to that person;
(g) a person is appointed as the receiver or manager of some or all of that person’s property, or of income arising from some or all of his property;
(h) a person is appointed as the interim receiver of some or all of that person’s property under section 286 of the Insolvency Act 1986 or Article 259 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ 2405 (N.I. 19)));
(i) a person is appointed as the provisional liquidator in relation to that person under section 135 of that Act or Article 115 of that Order;
(j) an interim order is made under Part 8 of that Act, or Chapter II of Part VIII of that Order, in relation to that person; or
(k) that person’s estate becomes vested in any other person as that person’s trustee under a trust deed (within the meaning of the Bankruptcy (Scotland) Act 1985 (c. 66)).
(8) For the purposes of this section, an insolvency procedure is applied to a deceased person’s estate if—
(a) after that person’s death—
(i) a bankruptcy order, or
(ii) an order with corresponding effect but a different name,
is made in relation to that person’s estate under any of the provisions of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19) ) as they are applied to the administration of the insolvent estates of deceased persons; or
(b) an award of sequestration is made on that person’s estate after his death.
(9) In subsection (7) above—
(a) the reference to any administration order is a reference to an administration order under section 8 of the Insolvency Act 1986 or Article 21 of the Insolvency (Northern Ireland) Order 1989;
(b) the reference to a person being put into administrative receivership is a reference to the appointment in relation to him of an administrative receiver, within the meaning of section 251 of that Act of 1986 or Article 5(1) of that Order of 1989; and
(c) references to a member of a partnership include references to any person who is liable as a partner under section 14 of the Partnership Act 1890 (c. 39) (persons liable by “holding out”).
(10) In this section “the subject of the procedure”, in relation to the application of any insolvency procedure, means the person to whom, or to whose estate, the procedure is applied.
(1) The Commissioners may, in accordance with subsection (2) below, by regulations make provision for the purposes of aggregates levy in relation to cases where a person carries on a business of an individual who has died or become incapacitated.
(2) The provisions that may be contained in regulations under this section are—
(a) provision requiring the person who is carrying on the business to inform the Commissioners of the fact that he is carrying on the business and of the event that has led to his carrying it on;
(b) provision allowing that person to be treated for a limited time as if he and the person who has died or become incapacitated were the same person; and
(c) such other provision as the Commissioners think fit for securing continuity in the application of this Part where a person is so treated.
(1) The Commissioners may by regulations make provision for securing continuity in the application of this Part in cases where any business carried on by a person is transferred to another person as a going concern.
(2) Regulations under this section may, in particular, include any or all of the following—
(a) provision requiring the transferor to inform the Commissioners of the transfer;
(b) provision for liabilities and duties under this Part of the transferor to become, to such extent as may be provided by the regulations, liabilities and duties of the transferee;
(c) provision for any right of either of them to a tax credit or repayment of aggregates levy to be satisfied by allowing the credit or making the repayment to the other;
(d) provision as to the preservation of any records or accounts relating to the business which, by virtue of any regulations under paragraph 2 of Schedule 7 to this Act, are required to be preserved for any period after the transfer.
(3) Regulations under this section may provide that no such provision as is mentioned in paragraph (b) or (c) of subsection (2) above shall have effect in relation to any transferor and transferee unless an application for the purpose has been made by them under the regulations.
(1) This section applies to any decision of the Commissioners with respect to any of the following matters—
(a) whether or not a person is charged in any case with an amount of aggregates levy;
(b) the amount of aggregates levy charged in any case and the time when the charge is to be taken as having arisen;
(c) the registration of any person or premises for the purposes of aggregates levy or the cancellation of any registration;
(d) the person liable to pay the aggregates levy charged in any case, the amount of a person’s liability to aggregates levy and the time by which he is required to pay an amount of that levy;
(e) the imposition of a requirement on any person to give security, or further security, under section 26 above and the amount and manner of providing any security required under that section;
(f) whether or not liability to a penalty or to interest on any amount arises in any person’s case under any provision made by or under this Part, and the amount of any such liability;
(g) any matter the decision as to which is reviewable under this section in accordance with paragraph 8(6) or (7) of Schedule 6 to this Act;
(h) the extent of any person’s entitlement to any tax credit or to a repayment in respect of a tax credit and the extent of any liability of the Commissioners under this Part to pay interest on any amount;
(i) whether or not any person is required to have a tax representative by virtue of any regulations under section 33 above;
(j) the giving, withdrawal or variation, for the purposes of any such regulations, of any approval or direction with respect to the person who is to act as another’s tax representative;
(k) whether a body corporate is to be treated, or is to cease to be treated, as a member of a group, the times at which a body corporate is to be so treated and the body corporate which is, in relation to any time, to be the representative member for a group;
(l) any matter not falling within the preceding paragraphs the decision with respect to which is contained in any assessment under this Part.
(2) Any person who is or will be affected by any decision to which this section applies may by notice in writing to the Commissioners require them to review the decision.
(3) The Commissioners shall not be required under this section to review any decision unless the notice requiring the review is given before the end of the period of forty-five days beginning with the day on which written notification of the decision, or of an assessment containing or giving effect to the decision, was first given to the person requiring the review.
(4) For the purposes of subsection (3) above it shall be the duty of the Commissioners to give written notification of any decision to which this section applies to any person who—
(a) requests such a notification;
(b) has not previously been given written notification of that decision; and
(c) if given such a notification, will be entitled to require a review of the decision under this section.
(5) A person shall be entitled to give a notice under this section requiring a decision to be reviewed for a second or subsequent time only if—
(a) the grounds on which he requires the further review are that the Commissioners did not, on any previous review, have the opportunity to consider certain facts or other matters; and
(b) he does not, on the further review, require the Commissioners to consider any facts or matters which were considered on a previous review except in so far as they are relevant to any issue to which the facts or matters not previously considered relate.
(6) Where the Commissioners are required by a notice under this section to review any decision, it shall be their duty to do so.
(7) On a review under this section the Commissioners may (subject to subsection (9) below) withdraw, vary or confirm the decision reviewed.
(8) Where—
(a) it is the duty under this section of the Commissioners to review any decision, and
(b) they do not, within the period of forty-five days beginning with the day on which the review was required, give notice to the person requiring it of their determination on the review,
they shall be deemed to have confirmed the decision.
(9) Where the Commissioners decide, on a review under this section, that a liability to a penalty or to an amount of interest arises, they shall not be entitled to modify the amount payable in respect of that liability except—
(a) in exercise of a power conferred by section 46(1) below (penalties) or paragraph 10(3) of Schedule 5 to this Act, paragraph 6(6) of Schedule 8 to this Act or paragraph 5(5) of Schedule 10 to this Act (penalty interest); or
(b) for the purpose of making the amount payable conform to the amount of the liability imposed by this Part.
(10) This section has effect subject to paragraph 8(5) of Schedule 6 to this Act.
(1) Subject to the following provisions of this section, an appeal shall lie to an appeal tribunal with respect to any of the following decisions—
(a) any decision by the Commissioners on a review under section 40 above (including a deemed confirmation under subsection (8) of that section);
(b) any decision by the Commissioners on any such review of a decision referred to in section 40(1) above as the Commissioners have agreed to undertake in consequence of a request made after the end of the period mentioned in section 40(3) above.
(2) Where an appeal under this section relates to a decision (whether or not contained in an assessment) that an amount of aggregates levy is due from any person, that appeal shall not be entertained unless—
(a) the amount which the Commissioners have determined to be due has been paid or deposited with them; or
(b) on being satisfied that the appellant would otherwise suffer hardship—
(i) the Commissioners agree, or
(ii) the tribunal decide,
that it should be entertained notwithstanding that that amount has not been so paid or deposited.
(3) On an appeal under this section relating to a penalty under paragraph 7 of Schedule 6 to this Act (evasion), the burden of proof as to the matters specified in paragraphs (a) to (c) of sub-paragraph (1) of that paragraph shall lie upon the Commissioners.
(1) Where, on an appeal under section 41 above—
(a) it is found that an assessment of the appellant made, confirmed or treated as confirmed by the Commissioners on a review under section 40 above (“the original assessment”) is an assessment for an amount that is less than it ought to have been, and
(b) the tribunal give a direction specifying the correct amount,
the assessment shall have effect as an assessment of the amount specified in the direction and (without prejudice to any power under this Part to reduce the amount of interest payable on the amount of an assessment) as if it were an assessment notified to the appellant in that amount at the same time as the original assessment.
Finance Act 2001