Finance Act 1994

Re-opening election decisions on grounds of incorrect information

7(1)Without prejudice to paragraph 6 above, this paragraph applies if, at any time after notice of the acceptance of an election has been served by the Board, it appears to the Board that, as a result of an error in the information furnished to the Board, the election should not have been accepted.

(2)If, in a case where this paragraph applies, either—

(a)the error was attributable, in whole or in part, to the fraudulent or negligent conduct of the electing participator or a person acting on his behalf, or

(b)on the error coming to the notice of the electing participator, or a person acting on his behalf, the error was not remedied without unreasonable delay,

the Board may serve on the electing participator and on the responsible person for the field to which the election applies a notice rescinding the acceptance and stating what appears to the Board to be the correct position.

(3)When a notice under sub-paragraph (2) above becomes effective, the election shall be treated as having been rejected in accordance with paragraph 3 above.

(4)If, in a case where this paragraph applies,—

(a)neither of the conditions in sub-paragraph (2) above is fulfilled, and

(b)the Board are of the opinion that, if the correct information had been furnished, the election could have been accepted,

the election shall be treated as having been made and accepted subject to such modifications (being modifications to correct the effect of the error) as the Board may direct, by notice served on the electing participator and on the responsible person for the field to which the election applies.

(5)A notice served under sub-paragraph (2) or sub-paragraph (4) above shall become effective either—

(a)on the expiry of the period during which notice of appeal against the notice may be served on the Board under paragraph 8 below without such notice of appeal being served; or

(b)where such notice of appeal is served, when the notice can no longer be varied or quashed by the Special Commissioners or by the order of any court.