In this section and sections 38 to 43—

• “accident benefit scheme” means an employee benefit scheme under which benefits may be provided only by reason of a person's disablement, or death, caused by an accident occurring during the person's service as an employee of the employer,

• “employee benefit contribution” is to be read in accordance with section 39(1),

• “employee benefit scheme” has the meaning given by section F2 39(2) to (4) ,

• “the employer” is to be read in accordance with section 38(1),

• “employer-financed retirement benefits scheme” has the same meaning as in Chapter 2 of Part 6 of ITEPA 2003 (see section 393A of that Act), F3 but ignoring section 393B(2)(a) and (c) of that Act

• “qualifying benefits” is to be read in accordance with section 40,

• “qualifying expenses” includes any expenses of the third party (other than the provision of benefits to employees of the employer)—

  1. a

     which are incurred in operating the employee benefit scheme, and

  2. b

     which, if incurred by the employer, would be deductible in calculating for income tax purposes the employer's profits for any period, and

• F1“scheme manager” means a person who administers an employee benefit scheme (acting in that capacity).

A reference in this section and sections 38 to 43 to a person's employee includes the holder of an office under that person, and “employment” is to be read accordingly.