As the Regulator of the Landfill Communities Fund (LCF), ENTRUST provides HMRC with independent assurance that LCF monies are spent compliantly in accordance with the Landfill Tax Regulations 1996 (Regulations) and ENTRUST's guidance.
As part of our assurance process, we compile and issue a draft compliance report after every compliance review that we complete.
The reports, where necessary and warranted, will include proportionate recommendation(s) to enable an Environmental Body (EB) to take corrective action to rectify any breach in the Regulations, or to improve an EB's governance framework.
Furthermore, in accordance with our Breach Management Framework, EBs which breach the Regulations are also subject to follow up action by ENTRUST if the breach has not already been addressed during our compliance review process.
To support and coach EBs to compliance, we publish a quarterly summary of our compliance and breach management findings. The aim of this report is to highlight examples of the areas of non-compliance identified through our compliance inspections and to provide advice and guidance to EBs on how to improve their governance framework to mitigate risk within their own organisations.
The report covers all activity during 2021/2022 and is split into the following sections:
- Failure to comply with the Regulations - which highlights instances of non-compliance;
- Failure to comply with ENTRUST's Guidance - which outlines those areas where ENTRUST's guidance has not been followed;
- Analysis of issues - provides a more in-depth analysis of the issues identified during ENTRUST's compliance work;
- ENTRUST's recommended corrective actions - outlines the actions that EBs can implement to manage the most frequently identified compliance issues;
- Breach Management - provides details of EBs' late form submissions and spending outside of the prescribed period (SOPP);
- Breach Management cases - details ENTRUST's breach management case work and/or referrals to HMRC; and
- Non return of Statutory Annual Return (Form 4) - details the submission of late Form 4s and frozen EBs.
The 2021/2022 report is on the right hand side of this page, on the 'Inspection Findings' page of our website and on the 'Breach Management Activity' page of the website.
As an open and transparent organisation, committed to continuous improvement, we would also welcome any feedback from EBs on this report. In particular we would like to know which areas you find the most helpful for your EB and if there is any additional information you would like to see included. If you have any comments, please email compliance@entrust.org.uk