Regulation 2 Prescribed publication or correspondence

(1)

The following publications and correspondence are prescribed for the purposes of subsection (10) of section 249 of the Act (publication by monitored promoter)—

(a)

any publication or correspondence that—

(i)

with the exception of correspondence with HMRC, contains information about any relevant arrangements or any relevant proposal offered or promoted by the monitored promoter;

(ii)

is shown, given or sent to clients or prospective clients in relation to any relevant arrangements or any relevant proposal (whether or not the relevant arrangements or relevant proposal is provided by the monitored promoter);

(iii)

is shown, given or sent to intermediaries or prospective intermediaries in relation to any relevant arrangements or any relevant proposal (whether or not the relevant arrangements or relevant proposal is provided by the monitored promoter);

(b)

any correspondence with—

(i)

a professional body referred to in paragraph 8(3) of Schedule 34 to the Act of which the monitored promoter is a member, prospective member or former member and which concerns any relevant arrangements or any relevant proposal;

(ii)

a regulatory authority referred to in paragraph 9(3) of Schedule 34 to the Act which the monitored promoter is regulated by and which concerns the monitored promoter’s conduct in respect of any relevant arrangements or any relevant proposal.

(2)

In paragraph (1)—

(a)

“correspondence” includes correspondence in writing or by electronic means;

(b)

“publication” means publication in any format (including audiovisual formats).