7U.K.A person meets this condition if—
(a)arrangements in relation to which the person is a promoter [F1—
(i)have been referred to the GAAR Advisory Panel under Schedule 43 to FA 2013 (referrals of single schemes),
(ii)are in a pool in respect of which a referral has been made to that Panel under Schedule 43B to that Act (generic referrals), or
(iii)have been referred to that Panel under paragraph 26 of Schedule 16 to F(No. 2)A 2017 (referrals in relation to penalties for enablers of defeated tax avoidance),]
(b)one or more opinion notices are given [F2in respect of the referral] [F3under (as the case may be)—
(i)paragraph 11(3)(b) of Schedule 43 to FA 2013,
(ii)paragraph 6(4)(b) of Schedule 43B to that Act, or
(iii)paragraph 34(3)(b) of Schedule 16 to F(No. 2)A 2017,
(opinion of sub-panel of GAAR Advisory Panel that arrangements are not reasonable), and ]
(c)the notice, or the notices taken together, either—
(i)state the joint opinion of all the members of the sub-panel arranged under F4... that Schedule, or
(ii)state the opinion of two or more members of that sub-panel.
Textual Amendments
F1Words in Sch. 34 para. 7(a) substituted (with effect in accordance with Sch. 16 para. 62 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 16 para. 61(a)
F2Words in Sch. 34 para. 7(b) substituted (with effect in accordance with s. 157(30) of the amending Act) by Finance Act 2016 (c. 24), s. 157(29)(b)(i)
F3Words in Sch. 34 para. 7(b) substituted (with effect in accordance with Sch. 16 para. 62 of the amending Act) by Finance (No. 2) Act 2017 (c. 32), Sch. 16 para. 61(b)
F4Words in Sch. 34 para. 7(c)(i) omitted (with effect in accordance with s. 157(30) of the amending Act) by virtue of Finance Act 2016 (c. 24), s. 157(29)(c)