(1)Where, during the life of the settlor, income arising under a settlement made before 7th April 1965, but after 9th April 1946, is, under the settlement and in the events that occur, payable to or applicable for the benefit of any person other than the settlor, then, unless under the settlement and in those events, the income either—
(a)is payable to an individual for his own use; or
(b)is applicable for the benefit of an individual named in that behalf in the settlement or of two or more individuals so named; or
(c)is applicable for the benefit of a child or children of an individual named in that behalf in the settlement; or
(d)is income from property of which the settlor has divested himself absolutely by the settlement; or
(e)is income which, by virtue of some provision of the Income Tax Acts not contained in this Chapter, is to be treated for the purposes of those Acts as income of the settlor;
the income shall, for the purposes of excess liability, be treated as the income of the settlor and not as the income of any other person.
(2)In subsection (1) above “excess liability” means the excess of liability to income tax over what it would be if all income tax were charged at the basic rate to the exclusion of any higher rate.
(3)The exceptions provided for by paragraphs (a), (b) and (c) of subsection (1) above shall not apply where the named individual or individuals or, in the case of paragraph (c), either the named individual or the child or any of the children in question, is in the service of the settlor or accustomed to act as the solicitor or agent of the settlor.