Income Tax (Earnings and Pensions) Act 2003

Part 7U.K.Approval of schemes

Application for approvalU.K.

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.

Appeal against refusal of approvalU.K.

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.

Withdrawal of approvalU.K.

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.]

[F15Notice of decision about alterationU.K.

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.]

Appeal against withdrawal of approval etc.U.K.

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.