Part 2Trading income

Chapter 7Trade profits: gifts to charities etc.

110Meaning of “designated educational establishment”

1

For the purposes of section 108 “designated educational establishment” means an educational establishment designated, or within a category designated, in regulations made—

a

for England and Scotland, by the Secretary of State,

b

for Wales, by the National Assembly for Wales, and

c

for Northern Ireland, by the Department of Education.

2

The regulations may make different provision for different areas.

3

If any question arises as to whether an educational establishment is within a category designated in the regulations, F1an officer of Revenue and Customs must refer the question for decision—

a

in the case of an establishment in England or Scotland, to the Secretary of State,

b

in the case of an establishment in Wales, to the National Assembly for Wales, and

c

in the case of an establishment in Northern Ireland, to the Department of Education.

4

The power of the Secretary of State or the National Assembly for Wales to make regulations under this section is exercisable by statutory instrument.

5

A statutory instrument containing any regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of the House of Commons.

6

Regulations made under this section by the Department of Education—

a

are a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)), and

b

are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).