SCHEDULE 13Stamp duty land tax: information powers
Part 4Restrictions on powers under Parts 1 to 3
Introduction
19
The provisions of F1Part 3 of this Schedule have effect subject to the following restrictions.
Personal records or journalistic material
20
(1)
F2Part 3 of this Schedule does not apply—
(a)
to documents that are personal records or journalistic material, or
(b)
to information contained in any personal records or journalistic material.
(2)
In sub-paragraph (1)—
“personal records” means personal records as defined in section 12 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, in Article 14 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)); and
“journalistic material” means journalistic material as defined in section 13 of that Act or, in Northern Ireland, in Article 15 of that Order.
Documents or information relating to pending appeal
21
F3(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
A notice under Part 3 of this Schedule does not oblige a person to deliver documents relating to the conduct of a pending appeal by the client.
(4)
An “appeal” here means an appeal relating to tax.
Barristers, advocates and solicitors
22
(1)
(2)
F7(3)
“Relevant lawyer” means a barrister, advocate, solicitor or other professional legal adviser communications with whom may be the subject of a claim to legal privilege.
(4)
“Legal privilege” here has the same meaning as in paragraph 35 of this Schedule.
Provision of copies instead of original documents
23
(1)
(2)
The copies must be photographic or otherwise by way of facsimile.
(3)
If so required by the officer (or, as the case may be, the Board) in the case of any documents specified in the requirement, the originals must be made available for inspection by a named officer of the Board.
(4)
Failure to comply with such a requirement counts as failure to comply with the notice.
Documents originating more than six years before date of notice
F1024
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documents subject to legal privilege
25
(1)
(2)
“Legal privilege” here has the same meaning as in paragraph 35 of this Schedule.
Documents belonging to auditor or tax adviser
F1326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documents belonging to auditor or tax adviser: information to be disclosed
F1327
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .