SG15540 - Introduction and the law: the law on security: Climate Change Levy: penalty for failure to provide security

Paragraph 139(3) of Schedule 6 to the Finance Act 2000 provides

139(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-

(a) he has been required to give security under this paragraph; and

(b) he has not complied with that requirement.

Paragraph 139(4) of Schedule 6 to the Finance Act 2000 provides

139(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-

(a) he has been required to give security under this paragraph; and

(b) he has not complied with that requirement.

Paragraph 139(5) of Schedule 6 provides

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.

Under section 37 of the Criminal Justice Act 1982 (as amended by Section 17(1) of the Criminal Justice Act 1991), a penalty of level 5 is currently £5,000.