(1)For the purposes of this Part a person is an “externally provided worker” in relation to a company if each of conditions A to G is met.
(2)Condition A is that the worker is an individual.
(3)Condition B is that the worker is not a director or employee of the company.
(4)Condition C is that the worker personally provides, or is under an obligation personally to provide, services to the company.
(5)Condition D is that the worker is subject to (or to the right of) supervision, direction or control by the company as to the manner in which those services are provided.
(6)Condition E is that the worker's services are supplied to the company through a staff provider (whether or not the worker is a director or employee of the staff provider or any other person).
(7)Condition F is that the worker provides, or is under an obligation to provide, those services personally to the company under the terms of a contract between the worker and [F1a person other than the company (the “staff controller”)].
(8)Condition G is that the provision of those services does not constitute the carrying on of activities contracted out by the company.
[F2(9)In sections 1129 to 1131 references to “staff controller” are to be read in accordance with subsection (7).]
Textual Amendments
F1Words in s. 1128(7) substituted (with effect in accordance with Sch. 3 para. 38 of the amending Act) by Finance Act 2012 (c. 14), Sch. 3 para. 34(2)
F2S. 1128(9) inserted (with effect in accordance with Sch. 3 para. 38 of the amending Act) by Finance Act 2012 (c. 14), Sch. 3 para. 34(3)
Modifications etc. (not altering text)
C1Ss. 1127-1131 applied (with modifications) by 2010 c. 4, s. 357BLB(7)(e) (as inserted (with effect in accordance with s. 64(7) of the amending Act) by Finance Act 2016 (c. 24), s. 64(3))
C2S. 1128 modified by 2010 c. 4, s. 357WBA(3) (as inserted (16.11.2017) by Finance (No. 2) Act 2017 (c. 32), Sch. 7 para. 15)