Income Tax (Earnings and Pensions) Act 2003

Section 628: Interpretation

2483. This section cross-refers to various definitions in ICTA. It derives from the interpretations given in Chapter 1 of Part 14 of ICTA.

2484. Subsection (1) clarifies the meaning of “employee”. It gives the meaning of “exempt approved scheme” and “relevant statutory scheme” by cross-reference.

2485. “Exempt approved scheme” is defined in section 592(1) of ICTA as follows:

This section has effect as respects -

(a)

any approved scheme which is shown to the satisfaction of the Board to be established under irrevocable trusts; or

(b)

any other approved scheme as respects which the Board, having regard to any special circumstances, direct that this section shall apply;

and any scheme which is for the time being within paragraph (a) or (b) above is in this Chapter referred to as an ‘exempt approved scheme’.

2486. “Relevant statutory scheme” is defined in section 611A(1) of ICTA as follows:

In this Chapter any reference to a relevant statutory scheme is to -

(a)

a statutory scheme established before 14th March 1989, or

(b)

a statutory scheme established on or after that date and entered in the register maintained by the Board for the purposes of this section, or

(c)

a parliamentary pension scheme.

2487. Subsection (2) derives from the definition of “director” in section 612(1) of ICTA.

2488. Subsection (3) derives from section 599A(10) of ICTA and the definition of employee in section 612(1) of ICTA.

2489. Subsection (4) applies the definition of “office” in section 5(3) in Part 2 (Employment Income: charge to tax).