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PART XIII |
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MISCELLANEOUS AND SUPPLEMENTARY |
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Security for levy |
| | 137. - (1) Where it appears to the Commissioners necessary to do so for the protection of the revenue they may require any person who is or is required to be registered for the purposes of the levy to give security, or further security, for the payment of any levy which is or may become due from him.
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(2) The power of the Commissioners to require any security, or further security, under this paragraph shall be a power to require security, or further security, of such amount and in such manner as they may determine.
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(3) A person who is liable to account for the levy on a taxable supply that he makes is guilty of an offence if, at the time the supply is made-
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(a) he has been required to give security under this paragraph, and |
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(b) he has not complied with that requirement. |
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(4) A person who is liable to account for the levy on a taxable supply that another person makes to him is guilty of an offence if he makes any arrangements for the making of the supply at a time when-
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(a) he has been required to give security under this paragraph, and |
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(b) he has not complied with that requirement. |
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(5) A person guilty of an offence under this paragraph shall be liable, on summary conviction, to a penalty of level 5 on the standard scale.
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(6) Sections 145 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties and certain other matters) shall apply in relation to an offence under this paragraph as they apply in relation to offences and penalties under the customs and excise Acts.
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Destination of receipts |
| | 138. All money and securities for money collected or received for or on account of levy shall-
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(a) if collected or received in Great Britain, be placed to the general account of the Commissioners kept at the Bank of England under section 17 of the Customs and Excise Management Act 1979; and |
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(b) if collected or received in Northern Ireland, be paid into the Consolidated Fund of the United Kingdom in such manner as the Treasury may direct. |
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Provisional collection of levy |
| | 139. - (1) Where-
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(a) by virtue of a resolution having effect under the Provisional Collection of Taxes Act 1968 (which is amended by Schedule 7 to this Act so as to apply in relation to levy), levy has been paid at a rate specified in the resolution on a supply of a taxable commodity, and |
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(b) by virtue of section 1(6) or (7) or 5(3) of that Act, any of the levy paid is repayable in consequence of the restoration in relation to the supply of a lower rate, |
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the amount repayable shall be the difference between the levy paid on the supply at the rate specified in the resolution and the levy that would have been payable on a supply of the same quantity of the commodity at the lower rate.
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(2) Where-
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(a) by virtue of a resolution having effect under that Act, levy is chargeable at a rate specified in the resolution on a supply of a taxable commodity, but |
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(b) before the levy is paid it ceases to be chargeable at that rate in consequence of the restoration in relation to the supply of a lower rate, |
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the levy chargeable at the lower rate shall be charged by reference to the same quantity of the commodity as that by reference to which levy would have been chargeable at the rate specified in the resolution.
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Adjustment of contracts |
| | 140. - (1) Sub-paragraph (2) applies in the case of a contract for the supply of a taxable commodity if-
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(a) the contract is entered into before 1st April 2001 (whether before or after the passing of this Act) or at a time when supplies such as are provided for by the contract are not taxable supplies, but |
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(b) supplies falling to be made under the contract will be, or become or will become, taxable supplies. |
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(2) The supplier of the commodity may unilaterally vary the contract by adjusting the price chargeable for any supply made under the contract if he does so for the purpose of passing on, to the person liable to pay for the supply, the burden (or any part of the burden) of the levy for which the supplier is liable to account on the supply.
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(3) Sub-paragraph (4) applies in the case of a contract for the supply of a taxable commodity if it provides (whether as a result of a variation under sub-paragraph (2) or otherwise) for the passing on, to the person liable to pay for the supply, of the burden (or any part of the burden) of any levy for which the supplier is liable to account on the supply.
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(4) The supplier of the commodity may unilaterally vary the contract by adjusting the price chargeable for any supply made under the contract if he does so for the purpose of giving effect (to any extent) to-
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(a) any change in the rate at which levy is charged on the supply; |
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(b) levy ceasing to be chargeable on the supply. |
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(5) The powers conferred by this paragraph are in addition to any contractual powers.
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Climate change levy accounting documents |
| | 141. - (1) Provision may be made by regulations requiring registered persons who make taxable supplies-
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(a) in prescribed cases, or |
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(b) to persons of prescribed descriptions, |
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to provide the persons supplied with climate change levy accounting documents.
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(2) For the purposes of this Schedule a "climate change levy accounting document" for a taxable supply is an invoice-
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(a) stating that it is a climate change levy accounting document (for which purpose the inclusion of the phrase "climate change levy accounting document" or the phrase "CCL accounting document", whether as shown here or with any of the letters shown here as small letters appearing as capitals, shall be sufficient), |
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(b) stating the date on which it is issued, and |
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(c) containing the required statements. |
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(3) For the purposes of sub-paragraph (2)(c) "the required statements" means-
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(a) in the case of a climate change levy accounting document issued under paragraph 25, the statements required by paragraph 25(5); |
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(b) in the case of a climate change levy accounting document whose provision is required by regulations, statements of prescribed particulars of or relating to- |
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(ii) the persons by and to whom the supply is made, and
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(iii) the levy chargeable.
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(4) Where regulations make provision requiring a climate change levy accounting document to be provided in connection with any description of supply, regulations may make provision for-
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(a) requiring the accounting document to be provided within a prescribed time after, or at a prescribed time before, the supply is treated as taking place; |
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(b) allowing an accounting document to be provided later than required by the regulations where it is provided in accordance with general or special directions given by the Commissioners. |
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(5) Regulations may make provision conferring power on the Commissioners to allow the requirements of any regulations as to the statements to be contained in a climate change levy accounting document to be relaxed or dispensed with.
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(6) Regulations may make provision for allowing a climate change levy accounting document required to be issued under paragraph 25 to be issued later than the time applicable under paragraph 25(2) where it is issued in accordance with general or special directions given by the Commissioners.
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(7) In this paragraph "regulations" means regulations made by the Commissioners.
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Service of notices etc. |
| | 142. - (1) Any notice, notification or requirement that is to be or may be served on, given to or imposed on any person for the purposes of any provision made by or under this Schedule may be served, given or imposed by sending it to that person or his tax representative by post in a letter addressed to that person or his representative at the latest or usual residence or place of business of that person or representative.
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(2) Any direction required or authorised by or under this Schedule to be given by the Commissioners may be given by sending it by post in a letter addressed to each person affected by it at his latest or usual residence or place of business.
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Variation and withdrawal of directions etc. |
| | 143. Any direction, notice or notification required or authorised by or under this Schedule to be given by the Commissioners may be withdrawn or varied by them by a direction, notice or notification given in the same manner as the one withdrawn or varied.
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Regulations and orders |
| | 144. - (1) Any power under this Schedule to make regulations shall be exercisable by statutory instrument.
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(2) A statutory instrument containing regulations under this Schedule made by the Commissioners or the Secretary of State shall be subject to annulment in pursuance of a resolution of the House of Commons.
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(3) No regulations shall be made under paragraph 3(3), 6(2), 14(3), 15, 17(2), 50, 111(1) or 146 (regulations made by the Treasury) unless a draft of the regulations has been laid before Parliament and approved by a resolution of the House of Commons.
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(4) Where regulations under this Schedule made by the Commissioners impose a relevant requirement on any person, they may provide that if the person fails to comply with the requirement he shall be liable, subject to sub-paragraph (5), to a penalty of £250.
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(5) Where by reason of any conduct-
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(a) a person is convicted of an offence (whether under this Act or otherwise), or |
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(b) a person is assessed to a penalty under paragraph 96, |
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that person shall not by reason of that conduct be liable also to a penalty under any regulations under this Schedule.
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(6) In sub-paragraph (4) "relevant requirement" means any requirement other than one the penalty for a contravention of which is specified in paragraph 39(3), 112(3) or 123(6).
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(7) A power under this Schedule to make any provision by regulations-
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(a) may be exercised so as to apply the provision only in such cases as may be described in the regulations; |
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(b) may be exercised so as to make different provision for different cases or descriptions of case; and |
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(c) shall include power by the regulations to make such supplementary, incidental, consequential or transitional provision as the authority making the regulations may think fit. |
