Income Tax (Trading and Other Income) Act 2005

Periodical payments of personal injury damages etc.

148 (1) Subject to sub-paragraphs (4) and (5), sections 731, 733 and 734 apply with the modifications in sub-paragraphs (2) and (3).

(2) In section 731 (periodical payments of personal injury damages)—

(a) for subsection (2) substitute—

“(2) This subsection applies to periodical payments made in pursuance of—

(a) a court order making a final or interim award of damages in respect of personal injury,

(b) an agreement settling a claim or action for such damages, or

(c) an agreement for a payment on account of the damages that may be awarded in such an action.”,

(b) in subsection (3)(b) for the words from “agreement” to the end of the paragraph substitute “or agreement as is mentioned in subsection (2) or a subsequent agreement”, and

(c) omit subsection (6).

(3) In sections 733(a) and 734(1)(a)(i) for “agreement, undertaking” substitute “or agreement”.

(4) The modifications in sub-paragraphs (2) and (3) do not apply if an order has been made under section 110(1) of the Courts Act 2003 (c. 39) (commencement) making provision for section 100(2) and (3) of that Act to come into force on a day earlier than 6th April 2005.

(5) The power in section 110(1) of that Act includes power to make provision in accordance with which the modifications in sub-paragraphs (2) and (3) do not apply on or after a day appointed by the order that is later than 5th April 2005.