SCHEDULES
SCHEDULE 34Promoters of tax avoidance schemes: threshold conditions
PART 1Meeting the threshold conditions: general
Disciplinary action F3against a member of a trade or profession
8
F11
A person who carries on a trade or profession that is regulated by a professional body meets this condition if all of the following conditions are met—
a
the person is found guilty of misconduct of a prescribed kind,
b
action of a prescribed kind is taken against the person in relation to that misconduct, and
c
a penalty of a prescribed kind is imposed on the person as a result of that misconduct.
2
Misconduct may only be prescribed for the purposes of sub-paragraph (1)(a) if it is misconduct other than misconduct in matters (such as the payment of fees) that relate solely or mainly to the person's relationship with the professional body.
3
A “professional body” means—
a
the Institute of Chartered Accountants in England and Wales;
b
the Institute of Chartered Accountants of Scotland;
c
the General Council of the Bar;
d
the Faculty of Advocates;
e
the General Council of the Bar of Northern Ireland;
f
the Law Society;
g
the Law Society of Scotland;
h
the Law Society F2of Northern Ireland;
i
the Association of Accounting Technicians;
j
the Association of Chartered Certified Accountants;
k
the Association of Taxation Technicians;
l
any other prescribed body with functions relating to the regulation of a trade or profession.
Words in Sch. 34 para. 8 cross-heading substituted (with effect in accordance with Sch. 19 para. 9 of the amending Act) by Finance Act 2015 (c. 11), Sch. 19 para. 7(3)