Section 273 — Finance Act 2014: Confidentiality

Confidentiality 273 1 No duty of confidentiality or other restriction on disclosure (however imposed) prevents the voluntary disclosure by a relevant client or a relevant intermediary to HMRC of information or documents about—

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, a a monitored promoter, or b relevant proposals or relevant arrangements in relation to which a monitored promoter is a promoter. 2 “ Relevant client ” , in relation to a person mentioned in paragraph (za), (zb), (a) or (b) of subsection (1), means a person in relation to whom the person so mentioned —

a has made a firm approach in relation to an applicable proposal with a view to making the proposal available for implementation by that person or another person;

b has made an applicable proposal available for implementation by that person;

c took part in the organisation or management of applicable arrangements entered into by that person. 3 “ Relevant intermediary ” means a person who is an intermediary in relation to an applicable proposal in relation to which the person mentioned in paragraphs (za), (zb), (a) or (b) of subsection (1) is a promoter.

4 The applicable proposal or applicable arrangements mentioned in subsection (2) or (3) need not be the applicable proposals or applicable arrangements to which the disclosure relates.

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—

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 in relation to a disclosure falling within subsection (1)(a) or (b), relevant arrangements; “ applicable proposal ” means—

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 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).