Moved by
Baroness Swinburne
12: Clause 13, page 27, line 24, at end insert “(but see sub-paragraph (4)).(4)P’s total liability under sub-paragraph (3) may not exceed £1,800.
P’s total liability under sub-paragraph (3) may not exceed £1,800.”
Member's explanatory statement
This amendment would limit the daily penalties that a person can be liable to under new paragraph 5ZD(3) of Schedule 9 to the Local Government Finance Act 1988 (inserted by clause 13(5) of the Bill) for a continuing infringement of new paragraph 5ZC(1) of that Schedule (inserted by the same clause) to a maximum of £1,800.
13: Clause 13, page 31, leave out lines 14 to 17 and insert—
“(3A) On an appeal under this paragraph the valuation tribunal must remit a penalty arising under paragraph 5ZC(3) unless it is satisfied beyond reasonable doubt that P knowingly or recklessly made a false statement (within the meaning of that paragraph).”
Member's explanatory statement
This amendment would require the valuation tribunal to remit a penalty imposed on a person under new paragraph 5ZC(3) (inserted by clause 13(5) of the Bill) unless it is satisfied beyond reasonable doubt that the person knowingly recklessly made a false statement (instead of the position under the current drafting which merely permits the tribunal to remit such a penalty in circumstances where it is satisfied beyond reasonable doubt that the person did not knowingly or recklessly make the false statement).