SCHEDULES

SCHEDULE 36Promoters of tax avoidance schemes: partnerships

PART 2Conduct notices and monitoring notices

8Persons leaving a partnership: conduct notices

1

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

a

a person (“P”) who was a controlling member of a partnership at the time when a conduct notice (“the original notice”) was given to the partnership has ceased to be a member of the partnership,

b

the conduct notice had effect in relation to the partnership at the time of that cessation, and

c

P is carrying on a business as a promoter.

2

An authorised officer may give P a conduct notice.

3

If P is carrying on a business as a promoter in partnership with one or more other persons and is a controlling member of that partnership (“the new partnership”), an authorised officer may give a conduct notice to the new partnership.

4

A conduct notice given under sub-paragraph (3) ceases to have effect if P ceases to be a member of the new partnership.

5

A notice under sub-paragraph (2) or (3) may not be given after the termination date of the original notice (under section 241(2)(a) or (b)).