Value Added Tax Act 1994

Notes: U.K.

(1) For the purposes of this Group an “eligible body” is—

(a) a school within the meaning of the Education Acts 1944 to 1993, the M1 Education (Scotland) Act 1980, the M2 Education and Libraries (Northern Ireland) Order 1986 or the M3 Education Reform (Northern Ireland) Order 1989, which is—

(i) provisionally or finally registered or deemed to be registered as a school within the meaning of the aforesaid legislation in a register of independent schools; or

(ii) a school in respect of which of which grants are made by the Secretary of State to the proprietor or managers; or

(iii) a maintained school within the meaning of the M4 Education Act 1993 or the M5 Education and Libraries (Northern Ireland) Order 1986; or

(iv) a public school within the meaning of section 135(1) of the M6 Education (Scotland) Act 1980; or

(v) a grant-maintained school within the meaning of section 22 of the M7 Education Act 1993; or

(vi) a self-governing school within the meaning of section 1(3) of the M8 Self-Governing Schools (Scotland) Act 1989; or

(vii) a grant-maintained special school within the meaning of section 182(3) of the M9 Education Act 1993; or

(viii) a grant-maintained integrated school within the meaning of Article 65 of the M10 Education Reform (Northern Ireland) Order 1989;

(b) a United Kingdom university, and any college, institution, school or hall of such a university;

(c) an institution—

(i) falling within section 91(3)(a) or (b) or section 91(5)(b) or (c) of the M11 Further and Higher Education Act 1992; or

(ii) which is a designated institution as defined in section 44(2) of the M12 Further and Higher Education (Scotland) Act 1992; or

(iii) managed by a board of management as defined in section 36(1) of the Further and Higher Education (Scotland) Act 1992; or

(iv) to which grants are paid by the Department of Education for Northern Ireland under Article 66(2) of the M13 Education and Libraries (Northern Ireland) Order 1986;

(d) a public body of a description in Note (5) to Group 7 below;

[F1 (e) a body which—

(i) is precluded from distributing and does not distribute any profit it makes; and

(ii) applies any profits made from supplies of a description within this Group to the continuance or improvement of such supplies;]

[F2 (f) a body not falling within paragraphs (a) to (e) above which provides the teaching of English as a foreign language.]

(2) A supply by a body, which is an eligible body only by virtue of falling within Note [F3 1(f)], shall not fall within this Group insofar as it consists of the provision of anything other than the teaching of English as a foreign language.

[F4 (3) “Vocational training” means—

training, re-training or the provision of work experience for—

(a) any trade, profession or employment; or

(b) any voluntary work connected with—

(i) education, health, safety, or welfare; or

(ii) the carrying out of activities of a charitable nature.]

(4) “Examination services” include the setting and marking of examinations, the setting of educational or training standards, the making of assessments and other services provided with a view to ensuring educational and training standards are maintained.

(5) For the purposes of item 5 a supply of any goods or services shall not be taken to be essential to the provision of vocational training unless the goods or services in question are provided directly to the trainee.

(6) For the purposes of item 6 a club is a “youth club” if—

(a) it is established to promote the social, physical, educational or spiritual development of its members;

(b) its members are mainly under 21 years of age; and

(c) it satisfies the requirements of Note (l)(f)(i) and (ii).

Textual Amendments

F1 Sch. 9 Group 6 Note (1)(e) substituted (1.1.1995) by S.I. 1994/2969, arts. 1, 3

F2 Sch. 9 Group 6 Note (1)(f) substituted (1.1.1995) by S.I. 1994/2969, arts. 1, 4

F3 Words in Sch. 9 Group 6 Note (2) substituted (1.1.1995) by S.I. 1994/2969, arts. 1, 5

F4 Sch. 9 Group 6 Note (3) substituted (1.1.1995) by S.I. 1994/2969, arts. 1, 6

Marginal Citations

M1 1980 c. 44.

M2 S.I.1986/594 (N.I.3).

M3 S.I.1989/2406 (N.I.20).

M4 1993 c. 35.

M5 S.I.1986/594 (N.I.3).

M6 1980 c. 44.

M7 1993 c. 35.

M8 1989 c. 39.

M9 1993 c. 35.

M10 S.I.1989/2406 (N.I.20).

M11 1992 c. 13.

M12 1992 c. 37.

M13 S.I.1986/594 (N.I.3).