Penalty notices:Factor 2 - What action has the manufacturer taken to ensure they have complied with their legal duty? Maximum score 10 points.
Tobacco Manufacturers have a duty under section 7A of the TPDA to not facilitate the smuggling of tobacco products. The legislation, information within Notice 477, and the issuing of an initial notice is designed to give manufacturers every opportunity to comply with their duty. HMRC will share information with the manufacturer and comment on the effectiveness of their controls. Where, in our opinion, the manufacturer could reasonably have done more to comply with his legal duty, they should be scored as follows:
|Some action, but not comprehensive||score up to 5|
|Little or no action||score up to 10|