Finance Bill - continued        House of Lords
SCHEDULE 3, EXCISE DUTY: PAYMENTS BY COMMISSIONERS IN CASE OF ERROR OR DELAY - continued

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  PART III
  APPEALS
     14. - (1) This paragraph applies if-
 
 
    (a) a person (the appellant) appeals to a tribunal under section 16 of the Finance Act 1994 in relation to an assessment to excise duty,
 
    (b) the appellant pays, or gives cash security for, the whole or any part of that duty, and
 
    (c) the tribunal finds that the whole or any part of the amount paid or secured is not due.
      (2) The Commissioners must repay to the appellant an amount equal to-
 
 
    (a) so much of the duty paid as is found not to be due, or
 
    (b) so much of the cash security as relates to the duty found not to be due.
      (3) The Commissioners must pay interest to the appellant on the amount referred to in sub-paragraph (2) for the period which-
 
 
    (a) starts with the day when the duty is paid or the cash security is given, and
 
    (b) ends with the day when the Commissioners authorise the repayment.
      (4) The rate of interest is-
 
 
    (a) such rate as the tribunal determines, or
 
    (b) if it does not determine a rate, the rate applicable under section 197 of the Finance Act 1996.
      (5) In this paragraph "cash security" means such adequate security as enables the Commissioners to place the amount in question on deposit.
 
 
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