In Schedule 9 to the Taxes Act 1988 (approved share option schemes and profit sharing schemes), in paragraph 3(2) (grounds for withdrawing approval of profit sharing schemes), after “below" in paragraph (e) insert—“; or

(f)

the trustees appropriate shares to participants, one or more of whom have had free shares appropriated to them, at an earlier time in the same year of assessment, under a relevant share plan”.

After paragraph 3(3) of that Schedule insert—

“(4)

For the purposes of sub-paragraph (2)(f) above the reference to persons having had free shares appropriated to them includes persons who would have had free shares appropriated to them but for their failure to obtain a performance allowance (within the meaning of paragraph 25 of Schedule 8 to the Finance Act 2000).

(5)

In sub-paragraph (2)(f) and (4) above—

“free shares” has the same meaning as in Schedule 8 to the Finance Act 2000;

“relevant share plan”, in relation to a profit sharing scheme, means an employee share ownership plan that—

(a)

was established by the grantor or a connected company, and

(b)

is approved under Schedule 8 to that Act.

(6)

For the purposes of sub-paragraph (5) above “connected company” means—

(a)

a company which controls or is controlled by the grantor or which is controlled by a company which also controls the grantor, or

(b)

a company which is a member of a consortium owning the grantor or which is owned in part by the grantor as a member of a consortium.”.