Income Tax (Earnings and Pensions) Act 2003

Part 7 U.K. Approval of schemes

Application for approval U.K.

28 (1) Where— U.K.

(a) a CSOP scheme has been established, and

(b) the scheme organiser makes an application to [F1 an officer of Revenue and Customs] for approval of the scheme,

[F1 an officer of Revenue and Customs] must approve the scheme if [F2 the officer] [F3 is] 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 [F1 an officer of Revenue and Customs] may require.

(3) Once [F1 an officer of Revenue and Customs] [F4 has] decided whether or not to approve the scheme, [F2 the officer] must give notice of [F5 the] decision to the scheme organiser.

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F2 Words in Sch. 4 para. 28(1)(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(s); S.I. 2005/1126, art. 2(2)(h); S.I. 2005/1126, art. 2(2)(h)

F3 Word in Sch. 4 para. 28(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(a)(i); S.I. 2005/1126, art. 2(2)(h)

F4 Word in Sch. 4 para. 28(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(a)(ii); S.I. 2005/1126, art. 2(2)(h)

F5 Word in Sch. 4 para. 28(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(3)(f); S.I. 2005/1126, art. 2(2)(h)

Appeal against refusal of approval U.K.

29 (1) If [F1 an officer of Revenue and Customs] [F6 refuses] to approve the scheme, the scheme organiser may appeal F7 .... U.K.

(2) The notice of appeal must be given to [F1 an officer of Revenue and Customs] within 30 days after the date on which notice of [F8 the officer's] decision was given to the scheme organiser.

(3) [F9 If the appeal is notified to and allowed by the tribunal, the tribunal may direct] [F1 an officer of Revenue and Customs] to approve the scheme with effect from a date specified by the [F10 tribunal] .

(4) The date so specified must not be earlier than that of the application for approval.

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F6 Word in Sch. 4 para. 29(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(b); S.I. 2005/1126, art. 2(2)(h)

F7 Words in Sch. 4 para. 29(1) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 349(2)

F8 Words in Sch. 4 para. 29(2) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(2)(g); S.I. 2005/1126, art. 2(2)(h)

F9 Words in Sch. 4 para. 29(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 349(3)(a)

F10 Word in Sch. 4 para. 29(3) substituted (1.4.2009) by The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 349(3)(b)

Withdrawal of approval U.K.

30 (1) If any disqualifying event occurs in connection with an approved CSOP scheme, [F1 an 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 [F1 an 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 [F1 an officer of Revenue and Customs] ;] or

(b) the scheme organiser fails to provide information requested by [F1 an officer of Revenue and Customs] under paragraph 33.

[F12 (3) For the purposes of sub-paragraph (2)(aa) [F1 an officer of Revenue and Customs] may not withhold F13 ... approval unless it appears to [F14 the 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.]

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F11 Sch. 4 para. 30(2)(aa) inserted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(2)

F12 Sch. 4 para. 30(3)(4) inserted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(3)

F13 Word in Sch. 4 para. 30(3) repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(4)(c), Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)

F14 Words in Sch. 4 para. 30(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(t); S.I. 2005/1126, art. 2(2)(h)

[F15 Notice of decision about alteration U.K.

Textual Amendments

F15 Sch. 4 para. 31 and crossheading substituted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(4)

31 U.K. Where [F1 an officer of Revenue and Customs] —

(a) [F16 has] been requested to approve any alteration in a CSOP scheme that has been approved, and

(b) [F16 has] decided whether or not to approve the alteration,

[F17 the officer] must give notice of [F18 the] decision to the scheme organiser.]

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F16 Word in Sch. 4 para. 31 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(c); S.I. 2005/1126, art. 2(2)(h)

F17 Words in Sch. 4 para. 31 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(u); S.I. 2005/1126, art. 2(2)(h)

F18 Word in Sch. 4 para. 31 substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(3)(g); S.I. 2005/1126, art. 2(2)(h)

Appeal against withdrawal of approval etc. U.K.

32 (1) This paragraph applies if a CSOP scheme has been approved by [F1 an officer of Revenue and Customs] and [F19 the officer] — U.K.

(a) [F20 decides] to withdraw approval of the scheme under paragraph 30, or

[F21 (b) [F20 decides] 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 [F1 an officer of Revenue and Customs] within 30 days after the date on which notice of [F23 the officer's] decision was given to the scheme organiser.

Textual Amendments

F1 Words in Act substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 102(1); S.I. 2005/1126, art. 2(2)(h)

F19 Words in Sch. 4 para. 32(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(1)(v); S.I. 2005/1126, art. 2(2)(h)

F20 Words in Sch. 4 para. 32(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 123(d); S.I. 2005/1126, art. 2(2)(h)

F21 Sch. 4 para. 32(1)(b) substituted (10.7.2003) by Finance Act 2003 (c. 14), Sch. 21 para. 17(5)

F22 Words in Sch. 4 para. 32(2) omitted (1.4.2009) by virtue of The Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 (S.I. 2009/56), art. 1(2), Sch. 1 para. 350

F23 Words in Sch. 4 para. 32(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 103(2)(h); S.I. 2005/1126, art. 2(2)(h)