Legislation – Finance Act 2026
Part 7Tax advisers
Chapter 2Conduct etc
Conduct of tax advisers
250Conduct of tax advisers
(1)
Schedule 22 contains provision about the conduct of tax advisers.
(2)
Schedule 22 comes into force on 1 April 2026 and has effect in relation to acts or omissions on or after that date.
(3)
The Treasury may by regulations make transitional or saving provision in connection with the coming into force of any provision of Schedule 22.
(4)
The power to make regulations under subsection (3) includes power to make different provision for different purposes.
(5)
Regulations under this section are to be made by statutory instrument.
Power to publish information about tax advisers etc
251Power to publish information
(1)
An authorised officer may publish information about a tax adviser if—
(a)
in consequence of the tax adviser’s behaviour or conduct, HMRC has made a decision to—
(i)
refuse to deal with the adviser (whether temporarily or permanently), or
(ii)
suspend the adviser’s access to HMRC’s online services for tax agents or tax advisers, and
(b)
the officer considers that publication would be in the public interest.
(2)
The information that may be published under subsection (1) is—
(a)
the tax adviser’s name, including any trading name, previous name or pseudonym;
(b)
the postcode of any address used by the tax adviser;
(c)
any other information the authorised officer considers appropriate to publish in order to make clear the tax adviser’s identity;
(3)
(4)
Before publishing information under subsection (1), the authorised officer must—
(a)
notify the tax adviser and, in a case within subsection (3), the person mentioned in that subsection that they are considering doing so,
(b)
give the tax adviser and (as the case may be) the person a period of at least 30 days, beginning with the date of the notification mentioned in paragraph (a), to make representations about whether the information should be published, and
(c)
after considering any such representations, notify the adviser and (as the case may be) the person of the authorised officer’s decision as to whether to publish the information.
(5)
Subsection (6) applies if—
(a)
information about a tax adviser is published under subsection (1), and
(b)
the tax adviser is a body corporate controlled by another person.
(6)
An authorised officer may, if they consider that publication would be in the public interest, publish—
(a)
the other person’s name, including any trading name, previous name or pseudonym;
(b)
the postcode of any address used by the other person;
(c)
any other information about the other person that the authorised officer considers appropriate to publish in order to make clear the other person’s identity;
(d)
details of the relationship between the tax adviser and the other person.
(7)
Before publishing information under subsection (6), the authorised officer must—
(a)
notify the tax adviser and the person that they are considering doing so,
(b)
give the tax adviser and the person a period of at least 30 days, beginning with the date of the notification mentioned in paragraph (a), to make representations about whether the information should be published, and
(c)
after considering any such representations, notify the tax adviser and the person of the authorised officer’s decision as to whether to publish the information.
(8)
Information may be published under this section in any manner that the authorised officer considers appropriate.
252Power to publish information: change of circumstances
(1)
Where—
(a)
information has been published under section 251 or this section, and
(b)
the authorised officer must publish such information about the change as the authorised officer considers appropriate.
(2)
(3)
Where—
(a)
information has been published under section 251 or this section on a government website,
(b)
the information remains accessible on the website, and
(c)
any of the circumstances mentioned in subsection (4) apply,
an authorised officer of HMRC must take steps to remove the information from the website.
(4)
The circumstances are that—
(a)
(b)
an authorised officer becomes aware that the tax adviser in question—
(i)
has ceased to be a tax adviser for a period of at least five years, or
(ii)
has died;
(c)
an authorised officer considers that publication of the information is no longer in the public interest.
(5)
Information may be published under this section in any manner that the authorised officer considers appropriate.
253Power to publish information: interpretation and commencement
(1)
“Commissioners” means the Commissioners for His Majesty’s Revenue and Customs;
“control” has the same meaning as in the Corporation Tax Acts (see section 1124 of CTA 2010);
“HMRC” means His Majesty’s Revenue and Customs;
“tax adviser” has the same meaning as in Schedule 38 to FA 2012 (see paragraph 2 of that Schedule).