Effect of conclusions of review
40(1)If HMRC give notice of the conclusions of a review (see paragraph 39)—
(a)the conclusions are to be treated as if they were contained in a settlement agreement (see paragraph 44(1)), but
(b)paragraph 44(3) (withdrawal from agreement) does not apply in relation to that notional agreement.
(2)Sub-paragraph (1) does not apply to the matter in question if, or to the extent that, the appellant notifies the appeal to the tribunal (see paragraphs 41 and 42).