(1)In Part 3 of Schedule 5 to ITEPA 2003 (enterprise management incentives: qualifying companies), in paragraph 19 (excluded activities: receipt of royalties or licence fees)—
(a)in sub-paragraph (4), for paragraphs (a) and (b) substitute—
“(a)by the relevant company, or
(b)by a company which was a qualifying subsidiary of the relevant company throughout a period during which it created the whole or greater part (in terms of value) of the intangible asset.”, and
(b)after sub-paragraph (7) insert—
“(8)If—
(a)the relevant company acquired all the shares (“old shares”) in another company (“the old company”) at a time when the only shares issued in the relevant company were subscriber shares, and
(b)the consideration for the old shares consisted wholly of the issue of shares in the relevant company,
references in sub-paragraph (4) to the relevant company include the old company.”
(2)The amendments made by subsection (1) have effect in relation to options granted on or after 6th April 2007.
(3)They also have effect in relation to a qualifying option within subsection (4), for the purpose of determining at any time on or after that date whether an activity is an excluded activity.
(4)An option is within this subsection if it was granted before 6th April 2007 and, immediately before that date—
(a)it had not been exercised, and
(b)no disqualifying event had occurred in relation to it.
(5)Subsection (6) applies in respect of an option within subsection (4) if—
(a)immediately before 6th April 2007—
(i)the right to exploit an intangible asset (“the asset”) was vested in the relevant company or a subsidiary of it (in either case, alone or jointly with others), and
(ii)the asset was a relevant intangible asset,
(b)at any time on or after that date, an activity carried on by the relevant company or a subsidiary of it would be an excluded activity by reason only of the receipt of royalties or licence fees attributable to the exploitation of the asset, and
(c)the activity would not be an excluded activity if the amendments made by subsection (1) had not been made.
(6)The activity is to be treated, in relation to the option, as not being an excluded activity at that time.