Explanatory note

These Regulations set out the requirements that a declaration made under section 209 of the Finance Act 2026 must meet.

Section 316C of the Finance Act 2004 (c. 12), paragraph 36 of Schedule 17 to the Finance (No. 2) Act 2017 (c. 32) and section 86 of the Finance Act 2022 (c. 3) allow HMRC to publish information about tax avoidance schemes, including the identity of a person. Where HMRC proposes to publish such information, the person concerned may make representations to the effect that the information should not be published. If that person is a lawyer, legal professional privilege (or, in Scotland, confidentiality of communications) may prevent disclosure of supporting communications. Section 209 (2) of the Finance Act 2026 allows a lawyer to make a declaration confirming that privileged communications would substantiate the representations, without breaching privilege.

A Tax Information and Impact note covering this instrument was published on 26 November 2025 alongside the Autumn Budget 2025 and is available on the GOV.UK website at https://www.gov.uk/government/publications/tackling-promoters-of-marketed-tax-avoidance/closing-in-on-promoters-of-marketed-tax-avoidance-schemes. It remains an accurate summary of the impacts that apply to this instrument.