(1) In this section -
(a) a reference to a 'scheme' is a reference to a transaction to which section 817S(2) applies, and
(b) a reference to a 'scheme participant' is a reference to a person who enters into such transaction or a substantially similar transaction.
(2) For the purpose of this section, a transaction ('the second transaction') shall be the same transaction or substantially similar to another transaction ('the first transaction') where -
(a) section 817S(3) applies in relation to the first transaction and in the opinion of a Revenue officer, the provisions of the Acts or the principles and reasoning given by the Appeal Commissioners in making a determination in relation to the first transaction would, if applied in making a determination in an appeal against an assessment, being an assessment -
(i) made or amended by a Revenue officer in relation to the second transaction, and
(ii) the effect of which is to deny or withdraw a tax advantage arising out of the second transact
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