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Statutory Instruments

2010 No. 652

Income Tax

The Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) (Amendment) Regulations 2010

Made

8th March 2010

Laid before the House of Commons

10th March 2010

Coming into force

1st April 2010

The Commissioners for Her Majesty’s Revenue and Customs, in exercise of the powers conferred by sections 132 and 133(2) of the Finance Act 1999( 1 ), and now exercisable by them( 2 ), make the following Regulations:

Citation, commencement and application

1. —(1) These Regulations may be cited as the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.

(2) These Regulations do not apply in relation to or in connection with a notice given before 1st April 2010 requiring the provision or production of information, particulars or documents.

Amendments to the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006

2. —(1)Schedule 2 to the Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) Regulations 2006( 3 ) is amended as follows.

(2) The following entries are omitted—

(a) “A notice under section 252 (notices requiring documents or particulars about registered pensions schemes, etc.) to a person of a description prescribed by the Registered Pension Schemes and Employer-Financed Retirement Benefits Schemes (Information) (Prescribed Descriptions of Persons) Regulations 2005 to produce or provide documents or particulars.”;

(b) “A notice by Revenue and Customs under regulation 22 of the ELA Regulations requiring an individual to provide information, particulars or documents; and a notice of appeal to the tax appeal Commissioners against such a notice.”;

(c) “A notice of appeal against a notice requiring the production of documents or the furnishing of particulars under section 252.”;

(c) section 259 (failure to deliver documents or particulars required by notice); .

(3) In the place where the entry omitted by sub-paragraph (a) of paragraph (2) appeared insert—

A—

(a) taxpayer notice under paragraph 1 of Schedule 36 to the Finance Act 2008 ( 4 ) (information and inspection powers),

(b) third party notice under paragraph 2 of that Schedule,

(c) notice under paragraph 5 of that Schedule

that relates to a registered pension scheme; and a notice of appeal against any such notice or against the imposition of a penalty in relation to any such notice. .

Dave Hartnett

Steve Lamey

Two of the Commissioners for Her Majesty’s Revenue and Customs

8th March 2010

( 1 )

1999 c.16 . Subsection (10) of section 132 was amended by paragraph 156 of Schedule 17 to the Communications Act 2003 (c.21) .

( 2 )

The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c.11) . Section 50 of that Act provides that, in so far as it is appropriate in consequence of section 5, a reference, however expressed, to the Commissioners of Inland Revenue is to be read as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

( 3 )

S.I. 2006/570 , to which there are amendments not relevant to these Regulations.

( 4 )

2008 c.9 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Registered Pension Schemes and Overseas Pension Schemes (Electronic Communication of Returns and Information) (Amendment) Regulations 2010 (2010/652)

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