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Finance Act 2016

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This is the original version (as it was originally enacted).

Circumstances in which warning and special measures notices are treated as having been given

46(1)Sub-paragraphs (2) and (3) apply where—

(a)a relevant body (“B1”) is given a warning notice, and

(b)before the notice ceases to have effect, B1 becomes a member of a group headed by another relevant body (“H1”).

(2)H1 is to be treated as having been given a warning notice on the day on which the warning notice was given to B1.

(3)A warning notice treated as given under sub-paragraph (2) is valid whether or not, on the day mentioned in that sub-paragraph, H1 was the head of a qualifying UK group that fell within this Part.

(4)Sub-paragraphs (5) to (7) apply where—

(a)a relevant body (“B2”) is given a special measures notice, and

(b)before the notice ceases to have effect, B2 becomes a member of a group headed by another relevant body (“H2”).

(5)H2 is to be treated as having been given a special measures notice on the day on which the special measures notice was given to B2.

(6)A special measures notice treated as given under sub-paragraph (5) is valid whether or not, on the day mentioned in that sub-paragraph, H2 was the head of a qualifying UK group that fell within this Part.

(7)Paragraph 47(1) does not by virtue of sub-paragraphs (5) and (6) of this paragraph apply to an inaccuracy in a document given to HMRC by or on behalf of a person—

(a)at a time when the person was a member of a group headed by H2, but

(b)before the day B2 becomes a member of H2.

(8)Sub-paragraphs (9) and (10) apply where—

(a)a relevant body (“B3”) is given a confirmation notice, and

(b)before the notice ceases to have effect, B3 becomes a member of a group headed by another relevant body (“H3”).

(9)H3 is to be treated as having been given a confirmation notice on the day on which the confirmation notice was given to B3.

(10)A confirmation notice treated as given under sub-paragraph (9) is valid whether or not, on the day mentioned in that sub-paragraph, H3 was the head of a qualifying UK group that fell within this Part.

(11)The Treasury may by regulations make provision for warning notices, special measures notices and confirmation notices to be treated as having been given to relevant bodies in other circumstances described in the regulations.

(12)Regulations under this paragraph may, in particular—

(a)make provision about the validity of notices treated as given by virtue of the regulations;

(b)make provision about the effect of paragraph 47(1) in cases involving such notices.

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