2. In section 431B of ITEPA 2003(1) (securities acquired for purpose of avoidance)—
(a)the words after “if” become paragraph (a), and
(b)at the end of that paragraph insert “, and” and then—
“(b)at the time of the acquisition, the earnings from the employment are (or would be if there were any) general earnings to which any of the charging provisions of Chapters 4 and 5 of Part 2 applies.”.
The Income Tax (Earnings and Pensions) Act 2003 (c.1) (as defined by section 302 of the Finance Act 2004). Section 431B was inserted by section 12 of, and paragraph 7 of Schedule 2 to, the Finance (No.2) Act 2005 (c.22).