PART 3REPORTING FUNDS AND THE TREATMENT OF PARTICIPANTS IN REPORTING FUNDS

CHAPTER 10BREACHES OF REPORTING FUND REQUIREMENTS

Consequences of serious breaches114

1

This regulation applies if conditions A and B are met.

2

Condition A is that—

a

a reporting fund is in breach of a requirement imposed in this Part, and

b

the breach is a serious breach.

3

Condition B is that HMRC give notice to the fund—

a

stating that the fund is in breach of a requirement imposed in this Part and that the breach is a serious breach, and

b

specifying the serious breach.

4

The fund is treated as a non-reporting fund for the reporting period in which HMRC give the notice and for all subsequent periods. This is subject to paragraphs (5) and (6).

5

If regulation 113(4) applies, the fund is treated as a non-reporting fund for the reporting period in which the notice is given and for all subsequent periods.

6

If regulation 113(5) applies, the fund is treated as a non-reporting fund for the reporting period in which the notice as varied is given and for all subsequent periods.