SCHEDULES

SCHEDULE 34Promoters of tax avoidance schemes: threshold conditions

PART 1Meeting the threshold conditions: general

8Disciplinary action by a professional body

1

A person meets this condition if a professional body—

a

determines that the person is guilty of misconduct of a kind prescribed for the purposes of this paragraph, and

b

takes in relation to that misconduct action of a kind so prescribed, and

c

imposes on the person a penalty of a kind so prescribed.

2

Misconduct may only be prescribed for the purposes of sub-paragraph (1)(a) if it is misconduct other than misconduct in matters (such as the payment of fees) that relate solely or mainly to the person’s relationship with the professional body.

3

A “professional body” means—

a

the Institute of Chartered Accountants in England and Wales;

b

the Institute of Chartered Accountants of Scotland;

c

the General Council of the Bar;

d

the Faculty of Advocates;

e

the General Council of the Bar of Northern Ireland;

f

the Law Society;

g

the Law Society of Scotland;

h

the Law Society for Northern Ireland;

i

the Association of Accounting Technicians;

j

the Association of Chartered Certified Accountants;

k

the Association of Taxation Technicians;

l

any other prescribed body with functions relating to the regulation of a trade or profession.