SCHEDULES

SCHEDULE 8Enforcement by deduction from accounts

PART 1Scheme for enforcement by deduction from accounts

Consideration of objections

11

1

HMRC must consider any objections made under paragraph 10 within 30 working days of being given the notice of objection.

2

Having considered the objections, HMRC must decide whether—

a

to cancel the hold notice,

b

to cancel the effect of the hold notice in relation to the held amount, or any part of the held amount, in respect of a particular account or accounts, or

c

to dismiss the objection.

3

HMRC must give a notice stating its decision to—

a

P,

b

each person other than P who objected, and

c

any other person who HMRC considers is affected by the decision and is—

i

a person who holds a relevant account of which P is also a holder and in respect of whom prescribed information is provided under paragraph 8(2)(c), or

ii

an interested third party in relation to a relevant account in respect of whom sufficient information has been given in the notice under paragraph 8(2) to enable HMRC to give a notice.

4

HMRC must, by a notice to the deposit-taker—

a

if it makes a decision under sub-paragraph (2)(a), cancel the hold notice;

b

if it makes a decision under sub-paragraph (2)(b), cancel the effect of the hold notice in relation to the accounts or amounts in question.

5

HMRC must give each person to whom HMRC is required to give a notice under sub-paragraph (3) a copy of any notice given to the deposit-taker under sub-paragraph (4).

6

Where the deposit-taker is given a notice under sub-paragraph (4), it must as soon as reasonably practicable and, in any event, within the period of 5 working days beginning with the day the notice is given—

a

if the notice is given under sub-paragraph (4)(a), cancel the arrangements mentioned in paragraph 6(3), or

b

if the notice is given under sub-paragraph (4)(b), make such adjustments to those arrangements as are necessary to give effect to the notice.

7

In this paragraph references to the effect of a hold notice are to its effect by virtue of paragraph 6(4).