PART 5SUPPLEMENTARY PROVISION

CHAPTER 7MISCELLANEOUS

Further provision relating to the tax

I189Power to impose secondary liability on controllers of authorised landfill sites

1

Regulations may make provision for and in connection with requiring a controller of an authorised landfill site, or of part of such a site, to pay the tax chargeable on taxable disposals made at the site or part in question.

2

A controller of an authorised landfill site or of part of such a site—

a

is a person, other than the operator of the site, who determines, or is entitled to determine, what disposals of material may be made throughout the site or part in question, but

b

does not include a person who determines, or is entitled to determine, what disposals are made only because the person is an employee or agent of another person.

3

Regulations under this section may (among other things) make provision—

a

requiring WRA to be notified if a person becomes, or ceases to be, a controller of an authorised landfill site or of part of such a site;

b

about the circumstances in which a controller is required to pay tax;

c

for determining the amount of tax a controller is required to pay;

d

about the relationship between a requirement for a controller to pay tax and any liability of the operator of the authorised landfill site to pay tax;

e

about the procedure for requiring a controller to pay tax;

f

about when the tax must be paid;

g

about duties to keep and preserve records;

h

for penalties in respect of failures to comply with the regulations;

i

for reviews and appeals.

4

The regulations may amend or apply (with or without modifications) any enactment relating to the tax.