Apparently the requirement is not so much that the scheme be legal but that in the opinion of a QC it is arguable in court.
Oh, I won't be bothering with that! My holding company will be straight from darkest Worcestershire to a nameplate in the British Virgin Islands, and my Worcestershire Sandwich (tm) business model means that the English holding company will rent out the intellectual property of its own business model from the parent company (possibly via a Dutch charitable trust). Onshore profits will be zero, and I might even incorporate as a CIC. The "community interest" declared to Companies House would be helping Scotsmen keep their hard-earned groats, thus ensuring that bairns got their daily porridge ration. There's a couple of hundred of pages of turgid shite that the Civil Service dreamt up to try and ring fence CICs, but as nobody else reads or obeys the law, I too will ignore that pile of ordure.
It will be up to my Scotch brethren to decide whether the scheme is sufficiently legal to meet their needs. No refunds the nooo!