# Finance Act 2021, Paragraph 5


(1) Section 273 (confidentiality) is amended as follows.
(2) In subsection (1) before paragraph (a) insert—
“(za) a person subject to a stop notice,
(zb) arrangements or proposals for arrangements of a description specified in a stop notice in relation to which a person subject to a stop notice is a promoter,”.
(3) In subsection (2)—
(a) in the words before paragraph (a)—
(i) after “client”” insert “ , in relation to a person mentioned in paragraph (za), (zb), (a) or (b) of subsection (1), ”;
(ii) for “monitored promoter mentioned in subsection (1)(a) or (b)” substitute “ person so mentioned ”;
(b) in paragraphs (a) and (b), for “a relevant”, in both places it occurs, substitute “ an applicable ”;
(c) in paragraph (c), for “relevant” substitute “ applicable ”.
(4) In subsection (3)—
(a) for “a relevant” substitute “ an applicable ”;
(b) for “monitored promoter mentioned in subsection (1)(a) or (b)” substitute “ person mentioned in paragraphs (za), (zb), (a) or (b) of subsection (1) ”.
(5) In subsection (4), for “relevant”, in each place it occurs, substitute “ applicable ”.
(6) After that subsection insert—
“(5) Nothing in this section authorises a disclosure of information that would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account this section).
(6) For the purposes of this section, a person mentioned in subsection (1)(za) or (zb) is a promotor of arrangements or a proposal for arrangements if the person would be a promoter of those arrangements or proposal if those arrangements or that proposal were relevant arrangements or a relevant proposal (see section 235(2) to (6) and any regulations made under section 235(6)).
(7) In this section—
“applicable arrangements” means—
(a)in relation to a disclosure falling within subsection (1)(za) or (zb), arrangements falling within the description specified in the stop notice to which the disclosure relates, or
(b)in relation to a disclosure falling within subsection (1)(a) or (b), relevant arrangements;
“applicable proposal” means—
(a)in relation to a disclosure falling within subsection (1)(za) or (zb), a proposal for arrangements falling within the description specified in the stop notice to which the disclosure relates, or
(b)in relation to a disclosure falling within subsection (1)(a) or (b), a relevant proposal;
“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).”

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Source: https://www.legislation.gov.uk/ukpga/2021/26/schedule/30/paragraph/5 (the official version)
Page: https://openlegislation.uk/finance-act-2021/schedule-30/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

