5(1)A person meets this condition if the person fails to comply with any of the following provisions of Part 7 of FA 2004 (disclosure of tax avoidance schemes)—
(a)section 308(1) and (3) (duty of promoter in relation to notifiable proposals and notifiable arrangements);
(b)section 309(1) (duty of person dealing with promoter outside the United Kingdom);
(c)section 310 (duty of parties to notifiable arrangements not involving promoter);
(d)section 313ZA (duty of promoter to provide details of clients).
(2)For the purposes of sub-paragraph (1), failure to comply includes cases (despite section 118(2) of TMA 1970) where a person had a reasonable excuse for not doing the thing required to be done.