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SCHEDULES

SCHEDULE 36Promoters of tax avoidance schemes: partnerships

PART 2Conduct notices and monitoring notices

Persons leaving a partnership: monitoring notices

9(1)Sub-paragraphs (2) and (3) apply where—

(a)a person (“P”) who was a controlling member of a partnership at the time when a monitoring notice was given to the partnership has ceased to be a member of the partnership,

(b)the monitoring notice had effect in relation to the partnership at the time of that cessation, and

(c)P is carrying on a business as a promoter.

(2)An authorised officer may give P a monitoring notice.

(3)If P is carrying on a business as a promoter in partnership with one or more other persons, and is a controlling member of that partnership (“the new partnership”), an authorised officer may give a monitoring notice to the new partnership.

(4)A monitoring notice given under sub-paragraph (3) ceases to have effect if P ceases to be a member of the new partnership.