Author: Pulse Assent

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Company that failed to register with the ICO and failed to comply with an Information Notice is prosecuted (1)

Noble Design and Build of Telford, Shropshire, which operates CCTV systems in buildings across Sheffield, broke data protection laws by failing to comply with an Information Notice.
The company also failed to register with the Information Commissioner’s Office (ICO), despite it being a criminal…

Link: Company that failed to register with the ICO and failed to comply with an Information Notice is prosecuted (1)
Source: ICO .org.uk

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Press release: New fund launched to increase community-led affordable housing

Community-led housing groups can significantly increase the delivery of affordable homes and create a lasting legacy, through a new Community Housing Fund launched by the Housing, Communities and Local Government Secretary of State James Brokenshire on 2 July 2018.

The £163 million fund is available to community-led groups across England to support delivery of new affordable homes up to 31st March 2020.

Specifically, it will expand the housing supply through community led sectors, provide housing that’s affordable for local incomes, and aims to deliver a lasting legacy for the community housing sector through building an effective body of expertise within the housebuilding industry.

Funding outside London is being allocated by Homes England across two phases. A separate programme for London will be delivered by the Greater London Authority. This is in addition to £60 million of funding that has already been allocated directly by Government to 148 councils in December 2016.

Homes England Chief Executive Nick Walkley said:

“Community-led housing is about local people playing a leading role in solving local housing problems to provide affordable homes and strengthen communities in ways that aren’t always possible to achieve through mainstream housing.

“At Homes England, we’re determined to increase the supply of homes across all tenures and increase capacity in the housing sector. This is a really important fund, which will offer lasting impact and we look forward to receiving bids from community groups across England.”

Homes England has been working with leading organisations in the community-led housing sector to shape the new fund.

Tom Chance, Director at the National Community Land Trust Network, said:

“We’re delighted the Government has recognised the vital role community-led housing can play in delivering much-needed affordable housing. It’s the fastest growing new form of housing in the country. The new Community Housing Fund will provide long-lasting opportunities for communities everywhere so they can go out and build the homes they really want and need.”

Bidding is open to a range of organisations. Local authorities or Registered Providers of social housing may apply on behalf of community groups to support them through this process.

Phase one of the Community Housing Fund will support applications for revenue grants to assist community groups with the costs involved in the pre-development stage of community-led housing projects. Local authorities can also bid for revenue funding to support capacity-building activities for community-led groups in their areas.

In addition, local authorities can bid for capital funding for small-scale infrastructure projects, such as roundabouts or pumping stations, to unlock sites that the community can then develop for housing.

Bidding for Phase One of the Fund is now open on a Continuous Market Engagement basis via the Homes England Portal. Bidding will remain open to new applications until funding is fully committed or until 31 December 2019, whichever occurs first.

Further details on the Fund are available in the Prospectus published on Gov.uk.

A second phase of the fund will be launched later this year by Homes England, who will invite bids for capital funding to develop community-led affordable housing schemes.

Ends

For further media information please contact: Shaun Harley in the Homes England press office on 07989 203272 or shaun.harley@homesengland.gov.uk. Or Patsy Cusworth 0796772328 patsy.cusworth@homesengland.gov.uk.

Notes to Editors

In order to ensure that the schemes supported by the Community Housing Fund are truly community-led, proposals should ensure that:

  • Meaningful community engagement and consent occurs throughout the development process. The community does not necessarily have to initiate and manage the process, or build the homes themselves, though some may do;
  • The local community group or organisation owns, manages or stewards the homes and in a manner of their choosing, and this may be done through a mutually supported arrangement with a Registered Provider that owns the freehold or leasehold for the property; and
  • The benefits to the local area and/or specified community must be clearly defined and legally protected in perpetuity.

Bidding is open to all organisations which are, or intend to become, constituted as a body corporate, or an equivalent form of constituted body. Eligible organisations include, but are not restricted to:

  • Registered charity;
  • Company Limited By Guarantee;
  • Community Benefit Society
  • Co-operative Society;
  • Community Interest Company;
  • An organisation of another type operating as a social enterprise and principally reinvesting their surpluses for social benefit;
  • Registered Provider of social housing; or
  • Local authority.

Local authorities or Registered Providers may apply on behalf of community groups and other organisations and, in those cases, the lead bidding organisation will remain directly accountable for the funds, where appropriate.
For applications not directly submitted by community-led organisations the applicant must demonstrate how the identified community will be engaged in the development proposal and how this will support the objectives of the Fund.

All organisations applying to the Fund will be required to submit details of the proposed activity through the Homes England bidding portal: https://bids.homesengland.org.uk

Homes England is the new housing delivery organisation that has been created to adopt a more commercial approach to respond to the long term housing challenges facing this country. The new, expanded agency will play a far bigger role in investing in supply and intervening in the market to help deliver 300,000 homes a year by the middle of the next decade.

Homes England will act differently from its predecessor, bringing together money, land, expertise and planning and compulsory purchase powers to accelerate the supply of new homes and address affordability issues in areas of highest demand.

Link: Press release: New fund launched to increase community-led affordable housing
Source: Gov Press Releases

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Press release: Households urged to play their part in tackling waste crime

The Environment Agency (EA) has revealed that over a third of illegally dumped waste is from households.

The regulator is now urging homes to avoid illegal waste operators by taking extra care when it comes to disposing of rubbish.

A recent change in the law means that householders found to be knowingly involved in the illegal dumping of waste, could be liable for Landfill Tax or prosecuted alongside the actual illegal operators.

It’s been found that unlicensed waste operators target householders via social media or local advertising, often luring customers with cheaper rates to dispose of unwanted furniture, building rubble or garden waste.

An Environment Agency spokesperson, said:

We must all come together to win the fight against waste criminals. We’re doing our part with enforcement action and prosecution, whenever necessary. But we cannot do this alone. Households also have a responsibility to ensure their waste is collected by a responsible operator who will not pollute the environment with waste or cost thousands to clear up and make safe.

It’s estimated to cost the UK economy £600M every year, the equivalent of a new and fully staffed NHS hospital. More than 850 new illegal waste sites were discovered by the EA in 2016-17. While an average of two illegal waste sites are shut down every day, they continue to create severe problems for local communities and business, particularly in rural areas, as well as posing a risk to key national infrastructure.

To avoid contributing to waste crime, householders are advised to take the following steps:

  • Check the waste management operator being used is a registered waste carrier. Registration documents should available on request and should be inspected before services are rendered. You can check environmental permits online or call 03708 506506.
  • Get a written receipt/transfer note complete with contact details, a description of waste removed and details of where the waste is being taken to.
  • Note down the vehicle type, colour and registration number of the vehicle that’s taking your waste away.

Report suspected waste crime to the EA incident hotline 0800 807060 or anonymously to Crimestoppers on 0800 555 111.

Link: Press release: Households urged to play their part in tackling waste crime
Source: Environment Agency

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Press release: Directors banned after attempting to cheat millions in complex VAT scam

The two directors, Nadeem Ahmed and Ulhaque Ahtamad, were involved in highly complex Missing Trader Intracommunity (MTIC) fraud schemes, which involve artificially extended trading chains.

Typically in MITC fraud schemes, at one end there is a ‘missing trader defaulter’ who imports goods and charges VAT to its UK customers but does not pay what is owed to HMRC.

At the other end of the chain, there is a ‘broker’, which is an exporter that seeks to reclaim the VAT that has not been paid. When challenged, the broker insists on being paid and denies knowledge of the default on VAT payment to HMRC as there are intermediate traders who act as ’buffers’.

In both cases, evidence presented by HMRC and the Insolvency Service demonstrated the artificial trading features, which enabled the courts to decide that the directors ought to have had knowledge of their involvement in MTIC trading.

Nadeem Ahmed, 42 from Forest Gate, London, was a director of Face Off South Ltd (FoS), which was wound up in April 2015 following a petition by HMRC for £199,072 in unpaid VAT.

Investigations found that between June and December 2006, FoS exported £38 million worth of mobile phones and computers. The company then filed quarterly returns with HMRC attempting to claim back VAT to which it was not entitled.

HMRC warned Nadeem Ahmed about the risks of MTIC wholesaling of electronic goods and that he should conduct more robust checks on his trading partners, goods and commercial procedures.

However, Nadeem Ahmed ignored the general warnings and the varied MTIC trading hallmarks, as well as specific advice that FoS’s trades were traced to fraudulent losses.

Furthermore, despite the closure of FOS’s account with an offshore bank complicit with MTIC fraud, FoS continued to trade for another VAT quarter by setting up an account with an unregistered offshore bank. Fraudulent losses in its trading chains totalled up to £2.3 million.

Following a trial in 2013, the court dismissed FoS’s appeal for reclaims and found that Nadeem Ahmed knew the company’s trades were connected to fraud.

And considering Nadeem Ahmed’s knowledge of FoS’s involvement with this fraud, the High Court has since ordered that he is banned from running companies for 13 years – effective from 15 May 2018.

Nadeem Ahmed’s ban closely follows a High Court order for the 15-year disqualification of Ulhaque Ahtamad – the maximum sanction possible.

Ulhaque Ahtamad was a director of Masstech Ltd, based in Gerrards Cross, Buckinghamshire, and traded in carbon emissions allowance and metals.

Following regulations restricting fraud in electronic goods wholesaling, MTIC fraudsters sought new opportunities in carbon credit trading and Masstech Ltd played the role of a buffer artificially extending an MTIC trading chains.

Investigators found that Ulhaque Ahtamad made sales of more than £38 million in the wholesale trade of carbon emission allowances and metals with little initial finance in place.

Masstech also entered into trading arrangements which were too good to be true and was repeatedly warned by HMRC, in particular against paying third parties who were not suppliers. This left no money along the supply chain to pay VAT to HMRC.

And Ulhaque Ahtamad was obstructive in his dealings with HMRC, he failed to advise them of Masstech’s carbon credit trades or change of address, as well as preventing visits and sight of company records. He also paid £7.38 million to unconnected third parties, this topping the £7.1 million of tax losses in Masstech’s supply chains.

Tony Hannon, Official Receiver for the Insolvency Service, said:

Both Ulhaque Ahtamad and Nadeem Ahmed involved their companies in complex VAT fraud schemes which attempted to cheat taxpayers out of millions of pounds.

The serious nature of their misconduct has been reflected in the severity of their disqualifications and this should serve as a clear and strong warning to others that we will not hesitate to use enforcement powers to investigate and disqualify directors whose companies defraud the public purse.

Notes to editors

Nadeem Ahmed disqualification effective from 15 May 2018. Face Off South Ltd (FOS) (Company No. 05041464) was incorporated on 11 February 2004. Its trading address was at 421 Marshgate Lane, London E15 2NQ.

The petition to wind up the company was presented by HMRC on 25 February 2015 for £199,072 in respect of costs awarded against FOS for a VAT Tribunal and in respect of unpaid VAT. The winding up order was made against FOS on 20 April 2015.

Ulhaque Ahtamad’s disqualification is effective from 3 May 2018. Masstech Ltd (CRO No. 02737217) was incorporated on 4 August 1992 as Masstech Ltd. Its trading address was at Bishops House Market Place, Chalfont St Peter, Gerrards Cross, Bucks, SL9 9EA.

The petition to wind up the company was presented by HMRC on 11 February 2013 for £7,484,940 in respect of unpaid VAT. The winding up order was made against Masstech Ltd on 25 March 2013.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Persons subject to a disqualification order are bound by a range of other restrictions.

Contact Press Office

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

Press Office

The Insolvency Service


4 Abbey Orchard Street
London
SW1P 2HT

This service is for journalists only. For any other queries, please contact the Insolvency Enquiry line on 0300 678 0015.

For all media enquiries outside normal working hours, please contact the Department for Business, Energy and Industrial Strategy Press Office on 020 7215 1000.

You can also follow the Insolvency Service on:

Link: Press release: Directors banned after attempting to cheat millions in complex VAT scam
Source: Gov Press Releases