PART 5Promoters of tax avoidance schemes
Monitoring notices: procedure and publication
249Publication by monitored promoter
1
A person who is given a monitoring notice (“the monitored promoter”) must give the persons mentioned in subsection (6) a notice stating—
a
that it is a monitored promoter, and
b
which of the conditions in a conduct notice it has been determined that it (or, if the monitoring notice is a replacement monitoring notice, the person to whom that notice was given) has failed to comply with.
2
If the monitoring notice is a replacement monitoring notice, the notice under subsection (1) must also identify the original monitoring notice.
3
If regulations made by the Commissioners so require, the monitored promoter must publish on the internet—
b
its promoter reference number (see section 250).
4
5
The “appeal period” means—
a
the period during which an appeal could be brought against the approval by the tribunal of the giving of the monitoring notice, or
b
where an appeal mentioned in paragraph (a) has been brought, the period during which that appeal has not been finally determined, withdrawn or otherwise disposed of.
6
The notice under subsection (1) must be given—
a
to any person who becomes a client of the monitored promoter while the monitoring notice has effect, and
b
(except in a case where the monitoring notice is a replacement monitoring notice) any person who is a client of the monitored promoter at the time the monitoring notice takes effect.
7
A person (“C”) is a client of a monitored promoter at the time a monitoring notice takes effect if during the period beginning with the date the conduct notice mentioned in subsection (1)(b) takes effect and ending with that time the promoter—
a
made 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
made a relevant proposal available for implementation by C;
c
took part in the organisation or management of relevant arrangements entered into by C.
8
9
In the case of a person falling within subsection (6)(a), notice under subsection (1) may be given within the period of 10 days beginning with the day on which the person first became a client of the monitored promoter if that period would expire at a later date than the date on which notification would otherwise be required by virtue of subsection (4).
10
A monitored promoter must also include in any prescribed publication or prescribed correspondence—
b
its promoter reference number (see section 250).
11
12
Where the monitoring notice mentioned in subsection (1) is a replacement monitoring notice, the reference in subsection (4) to the end of the appeal period is to be read as a reference to whichever is the later of the end of the appeal period for the original monitoring notice and the date the replacement monitoring notice takes effect.