C1Part 7F2Employment income: income and exemptions relating to securities
Pt. 7: power to modify conferred (7.4.2005) by Finance Act 2005 (c. 7), s. 21(8)-(10)
F1Chapter 4AShares in research institution spin-out companies
Pt. 7 Ch. 4A inserted (with effect in accordance with s. 20(5)-(7) of the amending Act) by Finance Act 2005 (c. 7), s. 20(1)
Supplementary
456Meaning of “intellectual property” and “transfer”
1
In this Chapter “intellectual property” means—
a
any patent, trade mark, registered design, copyright or design right, plant breeders' rights or rights under section 7 of the Plant Varieties Act 1997,
b
any right under the law of a country or territory outside the United Kingdom corresponding to, or similar to, a right within paragraph (a),
c
any information or technique not protected by a right within paragraph (a) or (b) but having industrial, commercial or other economic value,
d
any licence or other right in respect of anything within paragraph (a), (b) or (c), or
e
any goodwill (having the meaning that it has for accounting purposes) associated with anything within paragraphs (a) to (d).
2
The Treasury may by order amend the definition of “intellectual property” in subsection (1).
3
For the purposes of this Chapter a transfer of intellectual property includes—
a
a sale of the intellectual property,
b
the grant of a licence or other right in respect of it, and
c
the assignment of a licence or other right in respect of it.
457Meaning of “research institution”
1
In this Chapter “research institution” means—
F4a
any university or other institution receiving a grant (including a recurrent grant towards its costs), loan, financial support, financial assistance, financial resources or payment under—
i
section 65 of the Further and Higher Education Act 1992,
ii
regulations made under section 485 of the Education Act 1996,
iii
section 34 of the Learning and Skills Act 2000,
iv
section 14 of the Education Act 2002,
v
section 86 of the Education Act 2005,
vi
section 100 of the Apprenticeships, Skills, Children and Learning Act 2009, or
vii
section 39 or 97 of the Higher Education and Research Act 2017,
aa
any institution maintained by a local authority in England or Wales in the exercise of their further and higher education functions,
ab
any institution within the higher education sector for the purposes of the Further and Higher Education (Scotland) Act 1992,
ac
any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992,
ad
any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980,
ae
the Queen’s University of Belfast or the University of Ulster,
af
a college of education in Northern Ireland within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)), or
ag
any institution providing in Northern Ireland further education as defined in Article 3 of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)), or
b
any institution that carries out research activities otherwise than for profit and that is neither controlled nor wholly or mainly funded by a person who carries on activities for profit.
2
The Treasury may by order amend subsection (1) to include in or exclude from the definition of “research institution” a person specified in the order or persons of a description specified in the order.
458Meaning of “involved in research”
For the purposes of this Chapter a person is involved in research in relation to any intellectual property transferred or to be transferred from one or more research institutions if—
a
he has been actively engaged for the research institution (or any of them) in connection with research (whether as an employee or otherwise), and
b
that research is relevant to anything to which the intellectual property relates.
459Transfer of intellectual property by controlled company
1
For the purposes of this Chapter where a research institution has control of a company, a transfer of intellectual property from the company is to be treated as a transfer from the research institution.
2
For the purposes of this Chapter where two or more research institutions together have control of a company, a transfer of intellectual property from the company is to be treated as a transfer from those research institutions.
3
In this section “control” means control within the meaning F3given by sections 450 and 451 of CTA 2010.
460Definitions
1
In this Chapter—
“interest”, in relation to shares, and
“shares”,
have the meaning indicated in section 420.
2
In this Chapter “market value” has the meaning indicated in section 421(1).
3
In this Chapter—
“the acquisition”,
“the employee”, and
“the employer”,
have the meaning indicated in section 421B(8).
4
In this Chapter—
“restricted interest in securities”, and
“restricted securities”,
have the meaning indicated in sections 423 and 424.
Pt. 7 heading substituted (with effect in accordance with Sch. 22 para. 2(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 22 para. 2(1)