Finance Act 2021

5 (1) Section 273 (confidentiality) is amended as follows. U.K.

(2) In subsection (1) before paragraph (a) insert—

“(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,”.

(3) In subsection (2)—

(a) in the words before paragraph (a)—

(i) after “client”” insert “ , in relation to a person mentioned in paragraph (za), (zb), (a) or (b) of subsection (1), ”;

(ii) for “monitored promoter mentioned in subsection (1)(a) or (b)” substitute “ person so mentioned ”;

(b) in paragraphs (a) and (b), for “a relevant”, in both places it occurs, substitute “ an applicable ”;

(c) in paragraph (c), for “relevant” substitute “ applicable ”.

(4) In subsection (3)—

(a) for “a relevant” substitute “ an applicable ”;

(b) for “monitored promoter mentioned in subsection (1)(a) or (b)” substitute “ person mentioned in paragraphs (za), (zb), (a) or (b) of subsection (1) ”.

(5) In subsection (4), for “relevant”, in each place it occurs, substitute “ applicable ”.

(6) After that subsection insert—

“(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).”