273ConfidentialityU.K.
(1)No duty of confidentiality or other restriction on disclosure (however imposed) prevents the voluntary disclosure by a relevant client or a relevant intermediary to HMRC of information or documents about—
[F1(za)a person subject to a stop notice,
(zb)arrangements or proposals for arrangements of a description specified in a stop notice in relation to which a person subject to a stop notice is a promoter,]
(a)a monitored promoter, or
(b)relevant proposals or relevant arrangements in relation to which a monitored promoter is a promoter.
(2)“Relevant client” [F2, in relation to a person mentioned in paragraph (za), (zb), (a) or (b) of subsection (1),] means a person in relation to whom the [F3person so mentioned]—
(a)has made a firm approach in relation to [F4an applicable] proposal with a view to making the proposal available for implementation by that person or another person;
(b)has made [F5an applicable] proposal available for implementation by that person;
(c)took part in the organisation or management of [F6applicable] arrangements entered into by that person.
(3)“Relevant intermediary” means a person who is an intermediary in relation to [F7an applicable] proposal in relation to which the [F8person mentioned in paragraphs (za), (zb), (a) or (b) of subsection (1)] is a promoter.
(4)The [F9applicable] proposal or [F9applicable] arrangements mentioned in subsection (2) or (3) need not be the [F9applicable] proposals or [F9applicable] arrangements to which the disclosure relates.
[F10(5)Nothing in this section authorises a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account this section).
(6)For the purposes of this section, a person mentioned in subsection (1)(za) or (zb) is a promotor of arrangements or a proposal for arrangements if the person would be a promoter of those arrangements or proposal if those arrangements or that proposal were relevant arrangements or a relevant proposal (see section 235(2) to (6) and any regulations made under section 235(6)).
(7)In this section—
“applicable arrangements” means—
(a)in relation to a disclosure falling within subsection (1)(za) or (zb), arrangements falling within the description specified in the stop notice to which the disclosure relates, or
(b)in relation to a disclosure falling within subsection (1)(a) or (b), relevant arrangements;
“applicable proposal” means—
(a)in relation to a disclosure falling within subsection (1)(za) or (zb), a proposal for arrangements falling within the description specified in the stop notice to which the disclosure relates, or
(b)in relation to a disclosure falling within subsection (1)(a) or (b), a relevant proposal;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).]
Textual Amendments
F1S. 273(1)(za)(zb) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(2)
F2Words in s. 273(2) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(3)(a)(i)
F3Words in s. 273(2) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(3)(a)(ii)
F4Words in s. 273(2)(a) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(3)(b)
F5Words in s. 273(2)(b) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(3)(b)
F6Word in s. 273(2)(c) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(3)(c)
F7Words in s. 273(3) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(4)(a)
F8Words in s. 273(3) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(4)(b)
F9Word in s. 273(4) substituted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(5)
F10S. 273(5)-(7) inserted (with effect in accordance with s. 121(6) of the amending Act) by Finance Act 2021 (c. 26), Sch. 30 para. 5(6)