Part 4 Persons who “Enabled” the Arrangements

Part 4 Persons who “Enabled” the Arrangements

Persons who “enabled” the arrangements

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(1)     A person is a person who “enabled” the arrangements mentioned in paragraph 1 if that person is—

(a)     a designer of the arrangements (see paragraph 8),

(b)     a manager of the arrangements (see paragraph 9),

(c)     a person who marketed the arrangements to T (see paragraph 10),

(d)     an enabling participant in the arrangements (see paragraph 11), or

(e)     a financial enabler in relation to the arrangements (see paragraph 12).

(2)     This paragraph is subject to paragraph 13 (excluded persons).

Designers of arrangements

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(1)     For the purposes of paragraph 7 a person is a “designer” of the arrangements if that person was, in the course of a business carried on by that person, to any extent responsible for the design of—

(a)     the arrangements, or

(b)     a proposal which was implemented by the arrangements;

but this is subject to sub-paragraph (2).

(2)     Where a person would (in the absence of this sub-paragraph) fall within sub-paragraph (1) because of having provided advice which was used in the design of the arrangements or of a proposal, that person does not because

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