Aggregates Tax and Devolved Taxes Administration (Scotland) Act 2024

32 Group treatment: substitution and termination

(1) Subsection (2) applies where—

(a) a body corporate ceases as from any time to be treated as a member of a group,

(b) immediately before that time, that body was the representative member,

(c) there are two or more other bodies corporate which continue after that time to be treated as members of the group, and

(d) no application under section 29(7)(c) in respect of any those other members of the group has been granted by Revenue Scotland.

(2) Revenue Scotland must, by notice to whichever of the bodies corporate mentioned in subsection (1)(c) as it thinks fit, substitute that body corporate as the representative member, as from the time mentioned in subsection (1)(a).

(3) Where—

(a) a body corporate is treated as a member of a group as being controlled by any person, and

(b) it appears to Revenue Scotland that it has ceased to be so controlled,

Revenue Scotland must, by notice given to that person, terminate that treatment from such date as may be specified in the notice.

(4) If it appears to Revenue Scotland necessary to do so for the protection of the revenue, it may, by notice given to any body corporate that is treated as a member of a group and to the representative member, terminate that treatment from such time as may be specified in the notice.

(5) The time specified in a notice under subsection (4) must not be a time before the day on which the notice is given to the representative member.