C1Part 6Revenue Functions
General functions
I1317F1SOCA's general Revenue functions
1
For the purposes of this section the qualifying condition is that F2SOCA has reasonable grounds to suspect that—
a
income arising or a gain accruing to a person in respect of a chargeable period is chargeable to income tax or is a chargeable gain (as the case may be) and arises or accrues as a result of the person’s or another’s criminal conduct (whether wholly or partly and whether directly or indirectly), or
b
a company is chargeable to corporation tax on its profits arising in respect of a chargeable period and the profits arise as a result of the company’s or another person’s criminal conduct (whether wholly or partly and whether directly or indirectly).
2
If the qualifying condition is satisfied F3SOCA may serve on the Commissioners of Inland Revenue (the Board) a notice which—
a
specifies the person or the company (as the case may be) and the period, and
b
states that F3SOCA intends to carry out, in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice.
3
Service of a notice under subsection (2) vests in F4SOCA , in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice; but this is subject to section 318.
4
F5SOCA —
a
may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);
b
must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.
5
A notice under subsection (2) and a notice of withdrawal under subsection (4) may be in respect of one or more periods.
6
Service of a notice under subsection (4) divests F6SOCA of the functions concerned in relation to the person or the company (as the case may be) and in respect of the period or periods specified in the notice.
7
The vesting of a function in F7SOCA under this section does not divest the Board or an officer of the Board of the function.
8
If—
a
apart from this section the Board’s authorisation would be required for the exercise of a function, and
b
the function is vested in F8SOCA under this section,
the authorisation is not required in relation to the function as so vested.
9
It is immaterial whether a chargeable period or any part of it falls before or after the passing of this Act.
Pt. 6: power to repeal conferred (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 102; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)