PART 12Restriction on giving grant to businesses connected to tax havens
16(1)Before providing a coronavirus-related grant to a person, the Scottish Ministers must take steps to satisfy themselves about whether or not sub-paragraph (4) applies to the person.
(2)If, having taken those steps, the Scottish Ministers are satisfied that sub-paragraph (4) applies to the person, they are not to provide the grant.
(3)The Scottish Ministers must frame the terms of coronavirus-related grants so that they are entitled to repayment of a grant if they ascertain, after providing it (wholly or partly), that the person to whom the grant was provided—
(a)was a person that sub-paragraph (4) applied to at the time the Ministers decided to provide the grant, or
(b)knowingly provided false or misleading information in applying for the grant.
(4)This sub-paragraph applies to a person that—
(a)is based in a tax haven,
(b)is the subsidiary of a person based in a tax haven,
(c)has a subsidiary based in a tax haven,
(d)is party to an arrangement under which any of its profits are subject to the tax regime of a tax haven.
(5)For the purposes of this paragraph, a person is based in a tax haven if the person is incorporated or otherwise established under the law of a tax haven.
(6)Sub-paragraphs (1) to (3) do not apply in relation to a grant if the application for it was received by the Scottish Ministers before the date on which this paragraph comes into force.
(7)In this paragraph—
“coronavirus-related grant” means a grant to mitigate the effects on the person’s business of disruption attributable to coronavirus,
“subsidiary” is to be read in accordance with section 1159 of the Companies Act 2006,
“tax haven” means a jurisdiction for the time being included in—
(a)the revised EU list of non-cooperative jurisdictions for tax purposes set out in Annex I to the Council of the European Union’s conclusions of February 2020 on the revised EU list of non-cooperative jurisdictions for tax purposes (2020/C 64/03), or
(b)any successor list of jurisdictions endorsed for the same purposes by the Council.