42(1)This paragraph applies to a UK group if—U.K.
(a)the head of the group has been given a warning notice in relation to the group that has not been withdrawn,
(b)the period of 12 months beginning with the day on which the warning notice was given has elapsed, and
(c)the period of 15 months beginning with that day has not elapsed.
(2)If a designated HMRC officer considers that the group falls within this Part, the officer may give the head of the group a notice under this paragraph (a “special measures notice”).
(3)When considering whether the group falls within this Part, the officer may take into account any relevant behaviour, whether or not it is mentioned in the warning notice.
(4)When deciding whether to give a special measures notice, the designated HMRC officer must consider any representations made by a member of the group before the end of the period of 12 months beginning with the day on which the warning notice was given.
(5)The special measures notice must set out the reasons why the officer considers that the group falls within this Part.
(6)Paragraph 45 deals with other circumstances in which a UK group may be given a special measures notice.