SCHEDULES

SCHEDULE 7Terrorist financing and money laundering

Part 6Enforcement: civil penalties

F1 Nature of review etc

Annotations:
Amendments (Textual)
F1

Sch. 7 paras. 26A-26F and cross-headings inserted (1.4.2009) by Revenue and Customs Appeals Order 2009 (S.I. 2009/777), art. 1, Sch. para. 3

26E

1

This paragraph applies if HMRC are required to undertake a review under paragraph 26B or 26D.

2

The nature and extent of the review are to be such as appear appropriate to HMRC in the circumstances.

3

For the purpose of sub-paragraph (2), HMRC must, in particular, have regard to steps taken before the beginning of the review—

a

by HMRC in reaching the decision, and

b

by any person in seeking to resolve disagreement about the decision.

4

The review must take account of any representations made by P at a stage which gives HMRC a reasonable opportunity to consider them.

5

The review may conclude that the decision is to be—

a

upheld,

b

varied, or

c

cancelled.

6

HMRC must give P notice of the conclusions of the review and their reasoning within—

a

a period of 45 days beginning with the relevant date, or

b

such other period as HMRC and P may agree.

7

In sub-paragraph (6) “relevant date” means—

a

the date HMRC received P’s notification accepting the offer of a review (in a case falling within paragraph 26A), or

b

the date on which HMRC decided to undertake the review (in a case falling within paragraph 26D).

8

Where HMRC are required to undertake a review but do not give notice of the conclusions within the time period specified in sub-paragraph (6), the review is to be treated as having concluded that the decision is upheld.

9

If sub-paragraph (8) applies, HMRC must notify P of the conclusion which the review is treated as having reached.