The Scheme: primary legislation: section 70
This section deals with periodic returns of payments made under construction contracts.
The Board may make regulations requiring contractors to
- submit a return of payments made at intervals to be prescribed by the Board: FA04/S70 (1)(a) See SI2005/2045 reg 4.
- keep relevant records of the payments: FA04/S70 (1)(b) See SI2005/2045 reg 51; and
- provide information in respect of those to whom the payments were made: FA04/S70 (1)(c) See SI2005/2045 reg 4.
Any provision made by regulation under sub-section (1)(a) should include a requirement, except in prescribed circumstances, for the contractor to
- declare on the return that none of the payments made relate to contracts of employment: FA04/S70 (2)(a)
- declare on the return that all subcontractors listed have had their payment status verified, where this is required: FA04/S70 (2)(b)
- provide such information and in such format as required by the Board: FA04/S70 (2)(c)
- submit a nil return where no payments have been made during the relevant period: FA04/S70 (2)(d)
- The Board may make regulations in respect of the copying and removal of and making extracts from any records kept in accordance with sub-section (1)(b) and of access to such records or copies: FA04/S70 (3)(a) and (b) See SI2005/2045 reg 51.
- The Board may make regulations allowing a person making payments under a construction contract to appoint another to act on their behalf and to prescribe the rights, obligations or liabilities to the appointed person: FA04/S70 (4) See SI2005/2045 reg 5.
- FA04/S70 (5) defines ‘prescribed’