Paragraph 1 F1

This paragraph applies where a person has been given a notice under paragraph 3 of Schedule 43 F2, or paragraph 5 of Schedule 43D, in relation to any tax arrangements (the “lead arrangements”) and the condition in sub-paragraph (2) is met.

The condition is that the period of 45 days mentioned in paragraph 4(1) of Schedule 43 has expired but no notice under paragraph 12 of Schedule 43 or paragraph 8 of Schedule 43B has yet been given in respect of the matter.

If a designated HMRC officer considers—

the officer may give R a notice (a “pooling notice”) F5to that effect.

For the purposes of this Schedule and Schedule 43B, all the tax arrangements in relation to which pooling notices have been served in respect of the same lead arrangements are to be regarded as being in a “pool” together.

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The officer may not give R a pooling notice if R has been given in respect of R's arrangements a notice under paragraph 3 of Schedule 43.