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Appointment details

Chair of the General Anti-Abuse Rule Advisory Panel

Summary

• Organisation: HMRC Departmental Board
• Sponsor department: HM Revenue & Customs
• Location: Various
• Sectors: Public Administration
• Skills: Legal, Regulation
• Number of vacancies: 1
• Time commitment: 24 day(s) per annum
• Remuneration: £6000 per annum
• Length of term: 3 years
• Application deadline: 11:55pm on 30 September 2024

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Timeline for this appointment

1. Opening date

   5 August 2024

2. Application deadline

   11:55pm on 30 September 2024

3. Sifting date

   11 October 2024

4. Interviews expected to end on

   25 October 2024

Timeline dates are only an estimate and can change

About the appointment

Appointment description

The Commissioners for HM Revenue and Customs invite applications from suitably qualified and experienced individuals to take on the role of Chair of the Advisory Panel that is a key element of HMRC’s operation of the General Anti-Abuse Rule (GAAR).

 

The functions of the Advisory Panel are to: 

• Give opinions to HMRC and taxpayers about the application of the GAAR to individual cases referred to the Panel  
• Consider, review (and if appropriate) approve HMRC’s guidance on the GAAR 

The Chair will be responsible to the HMRC Commissioners for: 

• leading the work of the Panel; 
• advising the Commissioners on appointments to the Panel 
• selecting Panel members to consider individual cases, and for ensuring that the Panel’s opinion is delivered to the parties; 
• managing and delivering the Panel’s review of HMRC’s GAAR guidance; 
• ensuring that the procedures and guidance around the operation of the Panel are updated periodically; 
• delivering an annual report to the Commissioners on the Panel’s activity, including cases considered and its review of the guidance. 

The Panel Chair offers a unique opportunity to play a central role in the operation of an important component of the UK tax legislation’s anti-avoidance armoury.  The time commitment will normally be around two days a month but the actual commitment will vary depends on the number of cases to be considered.  

Person specification

Essential criteria

We are looking for an outstanding individual to act as the Chair of the GAAR Advisory Panel. The role offers an opportunity to participate in the operation of an important part of the UK’s anti-avoidance legislation, helping ensure that it is used in a balanced and appropriate manner. 

We are looking for:

• An individual of undisputed integrity and standing, with a proven ability to command the respect of stakeholders at all levels in delivering outcomes that will command acceptance by Ministers, HMRC and taxpayers.  
• A leader within the tax profession, with experience working at a senior level and adept at building relationships with a wide range of stakeholders 
• Extensive technical understanding of the tax system, gained principally from within the private sector and preferably including both business and personal taxation. Public sector tax experience is not essential.
• A strong, demonstrable commitment to diversity and inclusion

Application and selection process

How to apply

In order to apply you will need to create an account or sign in.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

Overview of the application process

Shortlist and Interview

The selection panel will be chaired by Jonathan Smith, HMRC Director Counter Avoidance. The full panel will be confirmed prior to interview.

Shortlisting is expected to take place w/c 23 September 2024 and all candidates will be notified of the outcome shortly thereafter.

Interviews will take place in person w/c 30 September 2024 and are expected to be held at 100 Parliament Street, London (full instructions will be issued prior to interview).

Financial Probity Check

Candidates are expected to have conducted their own tax affairs with probity and all appointments are conditional upon undertaking a financial probity check. This is to minimise the risk that prospective candidates have behaved in ways likely to bring the tax system into disrepute. Candidates shortlisted for interview will be asked to provide strictly necessary personal information to allow HMRC to conduct this check. ​

All information is dealt with in the strictest confidence.  

Please note:  

The GAAR panel is independent of HMRC therefore we are unable to accept applications from current HMRC employees. 

Advisory Assessment Panel (AAP)

The selection panel will be chaired by Jonathan Smith, Director, Counter-Avoidance. The full panel will be confirmed prior to interview.

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact nigel.dominey@hmrc.gov.uk

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard (BPSS) checks in line with the Civil Service guidelines. For this position, you will be required to have or obtain Security Check (SC) level. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘essential criteria', we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert. When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder.

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or ten years in any one post. 

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid.

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid.  

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the public appointments team in the first instance if you would like to make a complaint regarding your application at publicappointments@cabinetoffice.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Contact details

nigel.dominey@hmrc.gov.uk

Attachments

• Candidate Information Pack