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Finance Act 2009

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11After paragraph 34 insert—

Involved third partiesE+W+S+N.I.

34A(1)This paragraph applies to a third party notice or a notice under paragraph 5 if—

(a)it is given to an involved third party (see paragraph 61A),

(b)it is given for the purpose of checking the position of a person, or a class of persons, as regards the relevant tax, and

(c)it refers only to relevant information or relevant documents.

(2)In relation to such a third party notice—

(a)paragraph 3(1) (approval etc of third party notices) does not apply,

(b)paragraph 4(1) (copying third party notices to taxpayer) does not apply, and

(c)paragraph 30(1) (appeal) has effect as if it permitted an appeal on any grounds.

(3)In relation to such a notice under paragraph 5—

(a)sub-paragraphs (3) and (4) of that paragraph (approval of tribunal) have effect as if they permitted, but did not require, an authorised officer of Revenue and Customs to obtain the approval of the tribunal, and

(b)paragraph 31 (appeal) has effect as if it permitted an appeal on any grounds.

(4)The involved third party may not appeal against a requirement in the notice to provide any information, or produce any document, that forms part of the involved third party's statutory records.

(5)In relation to an involved third party, “relevant documents”, “relevant information” and “relevant tax” are defined in paragraph 61A.

Registered pension schemes etcE+W+S+N.I.

34B(1)This paragraph applies to a third party notice or a notice under paragraph 5 if it refers only to information or documents that relate to any pensions matter.

(2)Pensions matter” means any matter relating to—

(a)a registered pension scheme,

(b)an annuity purchased with sums or assets held for the purposes of a registered pension scheme or a pre-2006 pension scheme, or

(c)an employer-financed retirement benefits scheme.

(3)In relation to such a third party notice—

(a)paragraph 3(1) (approval etc of third party notices) does not apply,

(b)paragraph 4(1) (copying third party notices to taxpayer) does not apply, and

(c)paragraph 30(1) (appeal) has effect as if it permitted an appeal on any grounds.

(4)In relation to such a notice under paragraph 5—

(a)sub-paragraphs (3) and (4) of that paragraph (approval of tribunal) have effect as if they permitted, but did not require, an authorised officer of Revenue and Customs to obtain the approval of the tribunal, and

(b)paragraph 31 (appeal) has effect as if it permitted an appeal on any grounds.

(5)A person may not appeal against a requirement in the notice to provide any information, or produce any document, that forms part of any person's statutory records.

(6)Where the notice relates to a matter within sub-paragraph (2)(a) or (b), the officer of Revenue and Customs who gives the notice must give a copy of the notice to the scheme administrator in relation to the pension scheme.

(7)Where the notice relates to a matter within sub-paragraph (2)(c), the officer of Revenue and Customs who gives the notice must give a copy of the notice to the responsible person in relation to the employer-financed retirement benefits scheme.

(8)Sub-paragraphs (6) and (7) do not apply if the notice is given to a person who, in relation to the scheme or annuity to which the notice relates, is a prescribed description of person.

Registered pension schemes etc: interpretationE+W+S+N.I.

34CIn paragraph 34B—

  • employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see sections 393A and 393B of that Act);

  • pension scheme” has the same meaning as in Part 4 of FA 2004;

  • pre-2006 pension scheme” means a scheme that, at or in respect of any time before 6 April 2006, was—

    (a)

    a retirement benefits scheme approved for the purposes of Chapter 1 of Part 14 of ICTA,

    (b)

    a former approved superannuation fund (as defined in paragraph 1(3) of Schedule 36 to FA 2004),

    (c)

    a relevant statutory scheme (as defined in section 611A of ICTA) or a pension scheme treated as if it were such a scheme, or

    (d)

    a personal pension scheme approved under Chapter 4 of Part 14 of ICTA;

  • prescribed” means prescribed by regulations made by the Commissioners;

  • registered pension scheme” means a pension scheme that is or has been a registered pension scheme within the meaning of Part 4 of FA 2004 or in relation to which an application for registration under that Part of that Act has been made;

  • responsible person”, in relation to an employer-financed retirement benefits scheme, has the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see section 399A of that Act);

  • scheme administrator”, in relation to a pension scheme, has the same meaning as in Part 4 of FA 2004 (see section 270 of that Act).

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Commencement Information

I1Sch. 48 para. 11 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2009/3054, art. 2

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