28(1)Where—U.K.
(a)a CSOP scheme has been established, and
(b)the scheme organiser makes an application to [F1an officer of Revenue and Customs] for approval of the scheme,
[F1an officer of Revenue and Customs] must approve the scheme if [F2the officer] [F3is] satisfied that it meets the requirements of Parts 2 to 6 of this Schedule.
(2)An application for approval—
(a)must be in writing, and
(b)must contain such particulars and be supported by such evidence as [F1an officer of Revenue and Customs] may require.
(3)Once [F1an officer of Revenue and Customs] [F4has] decided whether or not to approve the scheme, [F2the officer] must give notice of [F5the] decision to the scheme organiser.
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)
F2Words in Sch. 4 para. 28(1)(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(s); S.I. 2005/1126, art. 2(2)(h); S.I. 2005/1126, art. 2(2)(h)
F3Word in Sch. 4 para. 28(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(a)(i); S.I. 2005/1126, art. 2(2)(h)
F4Word in Sch. 4 para. 28(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(a)(ii); S.I. 2005/1126, art. 2(2)(h)
F5Word in Sch. 4 para. 28(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(3)(f); S.I. 2005/1126, art. 2(2)(h)
29(1)If [F1an officer of Revenue and Customs] [F6refuses] to approve the scheme, the scheme organiser may appeal F7....U.K.
(2)The notice of appeal must be given to [F1an officer of Revenue and Customs] within 30 days after the date on which notice of [F8the officer's] decision was given to the scheme organiser.
(3)[F9If the appeal is notified to and allowed by the tribunal, the tribunal may direct] [F1an officer of Revenue and Customs] to approve the scheme with effect from a date specified by the [F10tribunal].
(4)The date so specified must not be earlier than that of the application for approval.
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)
F6Word in Sch. 4 para. 29(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(b); S.I. 2005/1126, art. 2(2)(h)
F7Words in Sch. 4 para. 29(1) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 349(2)
F8Words in Sch. 4 para. 29(2) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(2)(g); S.I. 2005/1126, art. 2(2)(h)
F9Words in Sch. 4 para. 29(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 349(3)(a)
F10Word in Sch. 4 para. 29(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 349(3)(b)
30(1)If any disqualifying event occurs in connection with an approved CSOP scheme, [F1an officer of Revenue and Customs] may by a notice given to the scheme organiser withdraw the approval with effect from—U.K.
(a)the time at which the disqualifying event occurred, or
(b)a later time specified by [F1an officer of Revenue and Customs] in the notice.
(2)A “disqualifying event” occurs in connection with a scheme if—
(a)any of the requirements of Parts 2 to 6 of this Schedule ceases to be met;
[F11(aa)an alteration is made in a key feature of the scheme without the approval of [F1an officer of Revenue and Customs];] or
(b)the scheme organiser fails to provide information requested by [F1an officer of Revenue and Customs] under paragraph 33.
[F12(3)For the purposes of sub-paragraph (2)(aa) [F1an officer of Revenue and Customs] may not withhold F13... approval unless it appears to [F14the officer] at the time in question that the scheme as proposed to be altered would not then be approved on an application under paragraph 28.
(4)For the purposes of that sub-paragraph a “key feature” of a scheme is a provision of the scheme which is necessary in order to meet the requirements of this Schedule.]
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)
F11Sch. 4 para. 30(2)(aa) inserted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(2)
F12Sch. 4 para. 30(3)(4) inserted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(3)
F13Word in Sch. 4 para. 30(3) repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(4)(c), Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)
F14Words in Sch. 4 para. 30(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(t); S.I. 2005/1126, art. 2(2)(h)
Textual Amendments
F15Sch. 4 para. 31 and crossheading substituted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(4)
31U.K.Where [F1an officer of Revenue and Customs] —
(a)[F16has] been requested to approve any alteration in a CSOP scheme that has been approved, and
(b)[F16has] decided whether or not to approve the alteration,
[F17the officer] must give notice of [F18the] decision to the scheme organiser.]
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)
F16Word in Sch. 4 para. 31 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(c); S.I. 2005/1126, art. 2(2)(h)
F17Words in Sch. 4 para. 31 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(u); S.I. 2005/1126, art. 2(2)(h)
F18Word in Sch. 4 para. 31 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(3)(g); S.I. 2005/1126, art. 2(2)(h)
32(1)This paragraph applies if a CSOP scheme has been approved by [F1an officer of Revenue and Customs] and [F19the officer] —U.K.
(a)[F20decides] to withdraw approval of the scheme under paragraph 30, or
[F21(b)[F20decides] to refuse approval under paragraph 30(2)(aa).]
(2)The scheme organiser may appeal against the decision F22....
(3)The notice of appeal must be given to [F1an officer of Revenue and Customs] within 30 days after the date on which notice of [F23the officer's] decision was given to the scheme organiser.
Textual Amendments
F1Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)
F19Words in Sch. 4 para. 32(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(v); S.I. 2005/1126, art. 2(2)(h)
F20Words in Sch. 4 para. 32(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(d); S.I. 2005/1126, art. 2(2)(h)
F21Sch. 4 para. 32(1)(b) substituted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(5)
F22Words in Sch. 4 para. 32(2) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 350
F23Words in Sch. 4 para. 32(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(2)(h); S.I. 2005/1126, art. 2(2)(h)