198Supply of goods or services by public bodiesU.K.
(1)VATA 1994 is amended as follows.
(2)In section 41 (application to the Crown)—
(a)omit subsection (2), and
(b)in subsection (3)(b) for “a direction under subsection (2) above,” substitute “ section 41A, ”.
(3)After that section insert—
“41ASupply of goods or services by public bodies
(1)This section applies where goods or services are supplied by a body mentioned in Article 13(1) of the VAT Directive (status of public bodies as taxable persons) in the course of activities or transactions in which it is engaged as a public authority.
(2)If the supply is in respect of an activity listed in Annex I to the VAT Directive (activities in respect of which public bodies are to be taxable persons), it is to be treated for the purposes of this Act as a supply in the course or furtherance of a business unless it is on such a small scale as to be negligible.
(3)If the supply is not in respect of such an activity, it is to be treated for the purposes of this Act as a supply in the course or furtherance of a business if (and only if) not charging VAT on the supply would lead to a significant distortion of competition.
(4)In this section “the VAT Directive” means Council Directive 2006/112/EC on the common system of value added tax.”