Part III Income Tax, Corporation Tax and Capital Gains Tax

Education and training

58 Employees seconded to educational establishments.

1

Section 86 of the Taxes Act 1988 (employees seconded to charities and educational establishments) shall be amended as follows.

2

In subsection (3) (relief for expenditure attributable to the employment before 1st April 1997 of employees seconded to educational establishments), the words “and before 1st April 1997” shall be omitted.

3

In that subsection, for paragraphs (a) to (c) there shall be substituted—

a

in England and Wales, any body falling within subsection (4) below;

b

in Scotland, any body falling within subsection (5) below;

c

in Northern Ireland, any body falling within subsection (6) below; and

4

After subsection (3) there shall be inserted—

4

A body falls within this subsection if it is—

a

a local education authority;

b

an educational institution maintained or otherwise supported by such an authority (including a grant-maintained school or a grant-maintained special school within the meaning of the M1Education Act 1996);

c

an independent school, within the meaning of the Education Act 1996, whose registration under section 465 of that Act is final; or

d

an institution within the further education sector, or the higher education sector, within the meaning of the M2Further and Higher Education Act 1992.

5

A body falls within this subsection if it is—

a

an education authority;

b

an educational establishment managed by such an authority within the meaning of the M3Education (Scotland) Act 1980 (“the 1980 Act”);

c

a public or grant-aided school within the meaning of the 1980 Act;

d

a self-governing school within the meaning of the M4Self-Governing Schools etc. (Scotland) Act 1989;

e

an independent school within the meaning of the 1980 Act;

f

a central institution within the meaning of the 1980 Act;

g

an institution within the higher education sector within the meaning of section 56(2) of the M5Further and Higher Education (Scotland) Act 1992; or

h

a college of further education within the meaning of section 36(1) of that Act.

6

A body falls within this subsection if it is—

a

an education or library board within the meaning of the M6Education and Libraries (Northern Ireland) Order 1986;

b

a college of education or a controlled, maintained, grant-maintained integrated, controlled integrated, voluntary or independent school within the meaning of that Order; or

c

an institution of further education within the meaning of the M7Further Education (Northern Ireland) Order 1997.

5

The amendment made by subsection (2) above shall be deemed always to have had effect.

6

The amendments made by subsections (3) and (4) above have effect for the year 1999-00 and subsequent years of assessment.