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Finance Act 2014

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This is the original version (as it was originally enacted).

Continuing to promote certain arrangements

This section has no associated Explanatory Notes

12(1)A person (“P”) meets this condition if P has been given a stop notice and after the end of the notice period P—

(a)makes a firm approach to another person (“C”) in relation to an affected proposal with a view to making the affected proposal available for implementation by C or another person, or

(b)makes an affected proposal available for implementation by other persons.

(2)“Affected proposal” means a relevant proposal that is in substance the same as the relevant proposal specified in the stop notice in accordance with sub-paragraph (4)(c).

(3)An authorised officer may give a person (“P”) a notice (a “stop notice”) if each of these conditions is met—

(a)a person has been given a follower notice under section 204 (circumstances in which a follower notice may be given) in relation to particular relevant arrangements;

(b)P is a promoter in relation to a relevant proposal that is implemented by those arrangements;

(c)90 days have elapsed since the follower notice was given and—

(i)the follower notice has not been withdrawn, and

(ii)if representations objecting to the follower notice were made under section 207 (representations about a follower notice), HMRC have confirmed the follower notice.

(4)A stop notice must—

(a)specify the arrangements which are the subject of the follower notice mentioned in sub-paragraph (3)(a),

(b)specify the judicial ruling identified in that follower notice,

(c)specify a relevant proposal in relation to which the condition in sub-paragraph (3)(b) is met, and

(d)explain the effect of the stop notice.

(5)An authorised officer may determine that a stop notice given to a person is to cease to have effect.

(6)If an authorised officer makes a determination under sub-paragraph (5) the officer must give the person written notice of the determination.

(7)The notice must specify the date from which it takes effect, which may be earlier than the date on which the notice is given.

(8)In this paragraph—

  • “the notice period” means the period of 30 days beginning with the day on which a stop notice is given;

  • “judicial ruling” means a ruling of a court or tribunal.

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