PART 5U.K.Promoters of tax avoidance schemes

Modifications etc. (not altering text)

C2Pt. 5 applied (with modifications) by 1992 c. 4, s. 11A(1)(3) (as inserted (with effect in accordance with Sch. 1 para. 35 of the amending Act) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 para. 3)

C3Pt. 5 modified (12.2.2015 for specified purposes, 12.4.2015 in so far as not already in force) by National Insurance Contributions Act 2015 (c. 5), Sch. 2 Pt. 2, Sch. 2 para. 33(2)

Conduct noticesU.K.

239Section 238: supplementaryU.K.

(1)In section 238 the following expressions are to be interpreted as follows.

(2)Adequate” means adequate having regard to what it might be reasonable for a client or (as the case may be) an intermediary to expect; and “adequacy” is to be interpreted accordingly.

(3)A person (“C”) is a “client” of a promoter, if at any time when a conduct notice has effect, the promoter—

(a)makes a firm approach to C in relation to a relevant proposal with a view to the promoter making the proposal available for implementation by C or another person;

(b)makes a relevant proposal available for implementation by C;

(c)takes part in the organisation or management of relevant arrangements entered into by C.

(4)The recipient of a conduct notice “promotes” a relevant proposal if it—

(a)takes part in designing the proposal,

(b)makes a firm approach to a person in relation to the proposal with a view to making the proposal available for implementation by that person or another person, or

(c)makes the proposal available for implementation by persons (other than the recipient).

(5)The recipient of a conduct notice “promotes” relevant arrangements if it takes part in designing, organising or managing the arrangements.