(1)For the purposes of this section the qualifying condition is that [F1091the National Crime AgencyF1091] has reasonable grounds to suspect that—
(a)income arising or a gain accruing to a person in respect of a chargeable period is chargeable to income tax or is a chargeable gain (as the case may be) and arises or accrues as a result of the person’s or another’s criminal conduct (whether wholly or partly and whether directly or indirectly), or
(b)a company is chargeable to corporation tax on its profits arising in respect of a chargeable period and the profits arise as a result of the company’s or another person’s criminal conduct (whether wholly or partly and whether directly or indirectly).
(2)If the qualifying condition is satisfied [F1091the National Crime AgencyF1091] may serve on the Commissioners of Inland Revenue (the Board) a notice which—
(a)specifies the person or the company (as the case may be) and the period, and
(b)states that [F1091the National Crime AgencyF1091] intends to carry out, in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice.
(3)Service of a notice under subsection (2) vests in [F1091the National Crime AgencyF1091] , in relation to the person or the company (as the case may be) and in respect of the period, such of the general Revenue functions as are specified in the notice; but this is subject to section 318.
(4)[F1091 the National Crime AgencyF1091] —
(a)may at any time serve on the Board a notice of withdrawal of the notice under subsection (2);
(b)must serve such a notice of withdrawal on the Board if the qualifying condition ceases to be satisfied.
(5)A notice under subsection (2) and a notice of withdrawal under subsection (4) may be in respect of one or more periods.
(6)Service of a notice under subsection (4) divests [F1091the National Crime AgencyF1091] of the functions concerned in relation to the person or the company (as the case may be) and in respect of the period or periods specified in the notice.
(7)The vesting of a function in [F1091the National Crime AgencyF1091] under this section does not divest the Board or an officer of the Board of the function.
(8)If—
(a)apart from this section the Board’s authorisation would be required for the exercise of a function, and
(b)the function is vested in [F1091the National Crime AgencyF1091] under this section,
the authorisation is not required in relation to the function as so vested.
(9)It is immaterial whether a chargeable period or any part of it falls before or after the passing of this Act.
445.Subsection (1) sets out the qualifying condition which must be satisfied before the Director of the Assets Recovery Agency can take over general Revenue functions (defined at section 323(1)). The condition is that the Director must have reasonable grounds to suspect that income, profits or gains arising or accruing to a person (including a company) in respect of a chargeable period are chargeable to tax and arise or accrue as a result of that person’s, or another’s, criminal conduct. Criminal conduct is defined in section 326.
446.If this condition is satisfied, then subsection (2) allows the Director to serve a notice on the Board of the Inland Revenue that has the effect of vesting certain functions of the Inland Revenue in the Director.
447.The notice served on the Board of the Inland Revenue will specify a number of things. These will include adequate details to identify the relevant person or company, the chargeable periods in question and also the particular functions that the Director wishes to assume responsibility for. These may be some or all of the functions listed in section 323(1). The notice will also specify the particular tax periods during which the income, profits or gains are suspected of arising as a result of criminal conduct.
448.Subsection (3) gives effect to the vesting of the Revenue functions in the Director, while subsection (4) allows the Director to serve on the Board a notice of withdrawal of the notice under subsection (2). Subsection (4)(b) provides that such a notice must be served if the qualifying condition ceases to be satisfied.
449.Subsection (6) states that when a notice of withdrawal is served under subsection (4) above, the Director is divested of the functions specified in that notice and for the periods specified in that notice. Subsection (7) provides for the tax function to be vested in both the Director and the Inland Revenue officers concurrently. This will allow, among other things, routine work to be carried out by the Inland Revenue notwithstanding that the functions are also vested in the Director
450.Subsection (8) provides that in circumstances where authorisation of the Board would normally be required for the exercise of a function it is not necessary if the function is vested in the Director.