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HMRC internal manual

Tonnage Tax Manual

Schedule 7 Finance Act 2005: Para 11

Requirement to prove compliance with safety etc standardsAfter paragraph 43 insert -

“The requirement to prove compliance with safety etc standards

43A (1) The Secretary of State may make provision by regulations for or in connection with requiring qualifying companies or qualifying groups to provide evidence of compliance with prescribed standards relating to-

(a) health and safety in connection with qualifying ships which are not registered in any of the Member States’ registers;

(b) environmental performance of such ships;

(c) working conditions on such ships.
(2) The provision that may be made by regulations under this paragraph includes provision for or in connection with-

(a) requiring returns to be made at prescribed intervals;

(b) authorising the Secretary of State to require persons to provide prescribed information in prescribed cases or circumstances;

(c) enabling audits to be carried out on behalf of the Secretary of State;

(d) authorising the Secretary of State to issue certificates of non-compliance in prescribed cases or circumstances;

(e) the effect of such a certificate (including preventing the making of a renewal election when such a certificate is in force);

(f) enabling persons to apply to the Secretary of State for the cancellation of such a certificate;

(g) requiring or enabling the Secretary of State to revoke a tonnage tax election after a prescribed period of non-compliance;

(h) the making of appeals;

(i) authorising the disclosure of information between the Secretary of State and the Inland Revenue.
(3) Regulations under this paragraph may create criminal offences in respect of failures to comply with requirements imposed by the regulations.

(4) Regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(5) Regulations under this paragraph-

(a) may make different provision for different cases, and

(b) may contain such supplementary, incidental and transitional provisions as appear to the Secretary of State to be necessary or expedient.
(6) In this paragraph “prescribed” means prescribed by regulations under this paragraph.”.