EXPLANATORY NOTE

(This note is not part of the Order)

This Order applies sections 731, 733 and 734 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) (periodical payments of personal injury damages etc.) to certain periodical payments to persons infected by HIV through contaminated blood or blood products used by the NHS. The effect of the Order is that no liability to income tax will arise for the recipients of these payments.

Article 1 provides for the citation and commencement and defines MFET Limited and Eligible Person. MFET Limited is a company which has been set up to administer payments funded by the Department of Health to Eligible Persons (company number 7121661). An Eligible Person is defined by reference to MFET Limited’s Articles of Association: these are certain persons infected with HIV through contaminated blood or blood products used by the NHS.

Article 2 applies sections 731, 733 and 734 to payments made to an Eligible Person pursuant to a scheme or arrangement administered by MFET Limited, subject to the modifications specified in the article.

A full Impact Assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.