PART 3

Corporate offences of failure to prevent facilitation of tax evasion

Guidance about prevention procedures

Guidance about preventing facilitation of tax evasion offences
47
1
The Chancellor of the Exchequer (“the Chancellor”) must prepare and publish guidance about procedures that relevant bodies can put in place to prevent persons acting in the capacity of an associated person from committing UK tax evasion facilitation offences or foreign tax evasion facilitation offences.
2
The Chancellor may from time to time prepare and publish new or revised guidance to add to or replace existing guidance published by the Chancellor under this section.
3
The Chancellor must consult the Scottish Ministers, the Welsh Ministers and the Department of Justice in Northern Ireland when preparing any guidance to be published under this section.
4
Guidance prepared and published under this section does not come into operation except in accordance with regulations made by the Chancellor by statutory instrument.
5
A statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
6
Where for the purposes of subsection (5) a copy of a statutory instrument containing such regulations is laid before Parliament the Chancellor must also lay a copy of the guidance to which the regulations relate.
7
The Chancellor may approve guidance prepared by any other person if it relates to any matters within the scope of subsection (1).
8
Approval under subsection (7)—
a
must be given in writing, and
b
may only be given on the condition that the person who prepared it publishes the approved guidance while it remains in operation as approved guidance.
9
The Chancellor may withdraw approval under subsection (7) by a notice given to the person who prepared the guidance.
S. 47 in force at Royal Assent for specified purposes, see s. 58
S. 47 in force in so far as not already in force at 17.7.2017 by S.I. 2017/739, reg. 2