This paragraph applies where an overseas pension scheme is excluded from being a qualifying overseas pension scheme by a decision of the Inland Revenue under paragraph 5(3).

The scheme manager may appeal against the decision.

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An appeal under this paragraph against a decision must be brought within the period of 30 days beginning with the day on which the notification of the decision was given.

F2If an appeal under this paragraph is notified to the tribunal, the tribunal must consider whether the overseas pension scheme ought to have been excluded from being a qualifying overseas pension scheme.

If F3the tribunal decides that the overseas pension scheme ought to have been excluded from being a qualifying overseas pension scheme, F3the tribunal must dismiss the appeal.

If F4the tribunal decides that the overseas pension scheme ought not to have been excluded from being a qualifying overseas pension scheme, the pension scheme is to be treated as having remained a qualifying overseas pension scheme (but subject to any further appeal F5...).