Finance Bill (HC Bill 10)

(1) Where the tribunal has approved the giving of a monitoring notice, the
authorised officer must give the notice to the person to whom it relates.

(2) 25A monitoring notice given under subsection (1) or paragraph 9 or 10 of
Schedule 32 must—

(a) explain the effect of the monitoring notice and specify the date from
which it takes effect;

(b) inform the recipient of the right to request the withdrawal of the
30monitoring notice under section 238.

(3) In addition, a monitoring notice must—

(a) if given under subsection (1), state which condition (or conditions) it
has been determined the person has failed to comply with and the
reasons for that determination;

(b) 35if given under paragraph 9 or 10 of Schedule 32, state the date of the
original monitoring notice and name the partnership to which that
notice was given.

(4) The date specified under subsection (2)(a) must not be earlier than the date on
which the monitoring notice is given.

(5) 40In this Part, a person in relation to whom a monitoring notice has effect is called
a “monitored promoter”.

238 Withdrawal of monitoring notice

(1) A person in relation to whom a monitoring notice has effect may, at any time
after the end of the period of 12 months beginning with the end of the appeal
45period, request that the notice should cease to have effect.

(2) The “appeal period” means—

(a) the period during which an appeal could be brought against the
approval by the tribunal of the giving of the monitoring notice, or

(b) where an appeal mentioned in paragraph (a) has been brought, the
5period during which that appeal has not been finally determined,
withdrawn or otherwise disposed of.

(3) A request under this section is to be made in writing to an authorised officer.

(4) Where a request is made under this section, an authorised officer must within
30 days beginning with the day on which the request is received determine
10either—

(a) that the monitoring notice is to cease to have effect, or

(b) that the request is to be refused.

(5) The matters to be taken into account by an authorised officer in making a
determination under subsection (4) include—

(a) 15whether or not the person subject to the monitoring notice has, since the
time when the notice took effect, engaged in behaviour of a sort that
conditions included in a conduct notice in accordance with section
231(3) could be used to regulate;

(b) whether or not it appears likely that the person will in the future engage
20in such behaviour;

(c) the person’s record of compliance, or failure to comply, with
obligations imposed on it under this Part, since the time when the
monitoring notice took effect.

(6) An authorised officer—

(a) 25may withdraw a monitoring notice if the officer thinks it is not
necessary for it to continue to have effect, and

(b) in considering whether or not that is necessary, the officer must take
into account the matters in paragraphs (a) to (c) of subsection (5).

(7) If the authorised officer makes a determination under subsection (4)(a), or
30decides to withdraw a monitoring notice under subsection (6), the officer must
also determine that the person is, or is not, to be given a follow-on conduct
notice.

(8) “Follow-on conduct notice” means a conduct notice taking effect immediately
after the monitoring notice ceases to have effect.

(9) 35Where the monitoring notice mentioned in subsection (1) is a replacement
monitoring notice—

(a) in subsection (1) the reference to the end of the appeal period is to be
read as a reference to whichever is the later of the end of the appeal
period for the original monitoring notice and the date the replacement
40monitoring notice takes effect, and

(b) in subsection (5)(a) and (c) the time referred to is to be read as the time
when the original monitoring notice (see paragraph 11(2) of Schedule
32) took effect.

239 Notification of determination under section 238

(1) Where an authorised officer makes a determination under section 238(4), that
officer, or an officer of Revenue and Customs with that officer’s approval, must
notify the person who made the request of the determination.

(2) 5If the determination is that the monitoring notice is to cease to have effect, the
notice must—

(a) specify the date from which the monitoring notice is to cease to have
effect, and

(b) inform the person of the determination made under section 238(7).

(3) 10If the determination is that the request is to be refused, the notice must inform
the person who made the request—

(a) of the reasons for the refusal, and

(b) of the right to appeal under section 240.

240 Appeal against refusal to withdraw monitoring notice

(1) 15A person may appeal against a refusal by an authorised officer of a request that
a monitoring notice should cease to have effect.

(2) Notice of appeal must be given—

(a) in writing to the officer who gave the notice of the refusal under section
238, and

(b) 20within the period of 30 days beginning with the day on which notice of
the refusal was given.

(3) The notice of appeal must state the grounds of appeal.

(4) On an appeal that is notified to the tribunal, the tribunal may—

(a) confirm the refusal, or

(b) 25direct that the monitoring notice is to cease to have effect.

(5) Subject to this section, the provisions of Part 5 of TMA 1970 relating to appeals
have effect in relation to an appeal under this section.

241 Publication by HMRC

(1) An authorised officer may publish the fact that a person is a monitored
30promoter.

(2) Publication under subsection (1) may also include the following information
about the monitored promoter—

(a) its name;

(b) its business address or registered office;

(c) 35the nature of the business mentioned in section 235(1)(a);

(d) any other information that the authorised officer considers it
appropriate to publish in order to make clear the monitored promoter’s
identity.

(3) The reference in subsection (2)(a) to the monitored promoter’s name includes
40any name under which it carries on a business as a promoter and any previous
name or pseudonym.

(4) Publication under subsection (1) may also include a statement of which of the
conditions in a conduct notice it has been determined that the person (or, in the
case of a replacement monitoring notice, the person to whom the original
monitoring notice was given) has failed to comply with.

(5) 5Publication may not take place before the end of the appeal period (or, in the
case of a replacement monitoring notice, the appeal period for the original
monitoring notice).

(6) The “appeal period”, in relation to a monitoring notice, means—

(a) the period during which an appeal could be brought against the
10approval by the tribunal of the giving of the notice, or

(b) where an appeal mentioned in paragraph (a) has been brought, the
period during which that appeal has not been finally determined,
withdrawn or otherwise disposed of.

(7) Publication under this section is to be in such manner as the authorised officer
15thinks fit; but see subsection (8).

(8) If an authorised officer publishes the fact that a person is a monitored promoter
and the monitoring notice is withdrawn, the officer must publish the fact of the
withdrawal in the same way as the officer published the fact that the person
was a monitored promoter.

242 20Publication by monitored promoter

(1) A person who is given a monitoring notice (“the monitored promoter”) must
give the persons mentioned in subsection (6) a notice stating—

(a) that it is a monitored promoter, and

(b) which of the conditions in a conduct notice it has been determined that
25it (or, if the monitoring notice is a replacement monitoring notice, the
person to whom that notice was given) has failed to comply with.

(2) If the monitoring notice is a replacement monitoring notice, the notice under
subsection (1) must also identify the original monitoring notice.

(3) If regulations made by the Commissioners so require, the monitored promoter
30must publish on the internet—

(a) the information mentioned in paragraph (a) and (b) of subsection (1),
and

(b) its promoter reference number (see section 243).

(4) Subsection (1) and any duty imposed under subsection (3) or (10) do not apply
35until the end of the period of 10 days beginning with the end of the appeal
period (and also see subsection (9)).

(5) The “appeal period” means—

(a) the period during which an appeal could be brought against the
approval by the tribunal of the giving of the monitoring notice, or

(b) 40where an appeal mentioned in paragraph (a) has been brought, the
period during which that appeal has not been finally determined,
withdrawn or otherwise disposed of.

(6) The notice under subsection (1) must be given—

(a) to any person who becomes a client of the monitored promoter while
45the monitoring notice has effect, and