273ConfidentialityU.K.
This section has no associated Explanatory Notes
(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—
[(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” [, in relation to a person mentioned in paragraph (za), (zb), (a) or (b) of subsection (1),] means a person in relation to whom the [person so mentioned]—
(a)has made a firm approach in relation to [an applicable] proposal with a view to making the proposal available for implementation by that person or another person;
(b)has made [an applicable] proposal available for implementation by that person;
(c)took part in the organisation or management of [applicable] arrangements entered into by that person.
(3)“Relevant intermediary” means a person who is an intermediary in relation to [an applicable] proposal in relation to which the [person mentioned in paragraphs (za), (zb), (a) or (b) of subsection (1)] is a promoter.
(4)The [applicable] proposal or [applicable] arrangements mentioned in subsection (2) or (3) need not be the [applicable] proposals or [applicable] arrangements to which the disclosure relates.
[(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).]