C2C1C3C4PART 5Promoters of tax avoidance schemes
Pt. 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)
Pt. 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)
Pt. 5 applied (with modifications) by Social Security Contributions and Benefits Act 1992 (c. 4), s. 16(1)(d) (as inserted (12.4.2015) by National Insurance Contributions Act 2015 (c. 5), Sch. 2 para. 32)
Obtaining information and documents: supplementary
273Confidentiality
1
No duty of confidentiality or other restriction on disclosure (however imposed) prevents the voluntary disclosure by a relevant client or a relevant intermediary to HMRC of information or documents about—
F2za
a person subject to a stop notice,
zb
arrangements or proposals for arrangements of a description specified in a stop notice in relation to which a person subject to a stop notice is a promoter,
a
a monitored promoter, or
b
relevant proposals or relevant arrangements in relation to which a monitored promoter is a promoter.
2
“Relevant client” F3, in relation to a person mentioned in paragraph (za), (zb), (a) or (b) of subsection (1), means a person in relation to whom the F4person so mentioned—
a
has made a firm approach in relation to F5an applicable proposal with a view to making the proposal available for implementation by that person or another person;
b
has made F6an applicable proposal available for implementation by that person;
c
took part in the organisation or management of F7applicable arrangements entered into by that person.
3
4
F15
Nothing in this section authorises a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account this section).
6
For the purposes of this section, a person mentioned in subsection (1)(za) or (zb) is a promotor of arrangements or a proposal for arrangements if the person would be a promoter of those arrangements or proposal if those arrangements or that proposal were relevant arrangements or a relevant proposal (see section 235(2) to (6) and any regulations made under section 235(6)).
7
In this section—
“applicable arrangements” means—
- a
in relation to a disclosure falling within subsection (1)(za) or (zb), arrangements falling within the description specified in the stop notice to which the disclosure relates, or
- b
in relation to a disclosure falling within subsection (1)(a) or (b), relevant arrangements;
- a
“applicable proposal” means—
- a
in relation to a disclosure falling within subsection (1)(za) or (zb), a proposal for arrangements falling within the description specified in the stop notice to which the disclosure relates, or
- b
in relation to a disclosure falling within subsection (1)(a) or (b), a relevant proposal;
- a
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).
Pt. 5 applied (with modifications) by 1992 c. 7 (N.I.), 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. 12)