Regulation 3 Information publicised by a monitored promoter

(1)

For the purposes of subsection (11) of section 249 of the Act (publication by monitored promoter), the prescribed form and manner is as set out in paragraphs (2), (3) and (4).

(2)

Notification given under subsection (1) of section 249 must—

(a)

be in writing;

(b)

set out clearly and precisely the information required to be stated under paragraphs (a) and (b) of section 249(1) of the Act so that—

(i)

in respect of the information required by section 249(1)(a) of the Act, it is clear that the promoter is being monitored by HMRC because it breached a condition or conditions of a conduct notice identified under section 249(1)(b) of the Act, and

(ii)

in respect of the information required by section 249(1)(b) of the Act, the specific details of each of the conditions which it has been determined that the person has failed to comply with.

(3)

In respect of subsection (3) of section 249 of the Act, the monitored promoter shall publish on the internet the information mentioned in paragraph (a) and (b) of section 249(1) of the Act. The published information must—

(a)

appear in a prominent position on the monitored promoter’s or other websites promoting, or providing information on, the activities of the promoter;

(b)

if in writing, be legible;

(c)

if in an audiovisual format, be clearly audible or visible;

(d)

not in any way be concealed;

(e)

be specifically referred to or included in any promotional material (of whatever kind or format);

(f)

not be presented in a way that it promotes the activity of tax avoidance.

(4)

The information to be provided under subsection (10) of section 249 of the Act and regulation 2 to these Regulations (prescribed publication or correspondence) must—

(a)

be prominent and not in any way be concealed;

(b)

if in writing, be legible;

(c)

if in an audiovisual format, be clearly audible or visible;

(d)

not be presented in a way that promotes the activity of tax avoidance.