All-employee nature of planU.K.
8(1)The plan must provide that every employee who—U.K.
(a)meets the requirements of Part 3 of this Schedule (eligibility of individuals) in relation to an award of shares under the plan, and
(b)is a UK resident taxpayer,
is eligible to participate in the award, and is invited to do so.
[F1(2)An employee is a UK resident taxpayer if—
(a)the employee's earnings from the employment by reference to which the employee meets the employment requirement are (or would be if there were any) general earnings to which section 15 applies (earnings for year when employee UK resident), and
(b)those general earnings are (or would be if there were any) earnings for a tax year in which the employee is ordinarily resident in the United Kingdom.]
(3)The plan must not contain any feature which has or is likely to have the effect of discouraging any description of employees within sub-paragraph (1) from participating in an award of shares under the plan.
(4)Sub-paragraph (3) does not apply to any provision required or authorised by this Schedule.
(5)The plan may provide that an employee who—
(a)meets the requirements of Part 3 of this Schedule (eligibility of individuals) in relation to an award of shares under the plan, but
(b)is not a UK resident taxpayer (see sub-paragraph (2)),
is eligible to participate in the award, and may be invited to do so.
(6)For the purposes of the SIP code an individual is a “qualifying employee”, in relation to an award of shares, if the individual—
(a)is eligible to participate in it under sub-paragraph (1), or
(b)is eligible to participate in it under sub-paragraph (5) and has been invited to do so.
Textual Amendments
F1Sch. 2 para. 8(2) substituted (with effect in accordance with Sch. 7 para. 81 of the amending Act) by Finance Act 2008 (c. 9), Sch. 7 para. 41