Income Tax (Trading and Other Income) Act 2005 Schedule 2 paragraph 25

Local enterprise agencies

Paragraph 25 of Schedule 2 preserves the Secretary of State's shared power (alongside the Scottish Ministers) to exercise certain functions relating to local enterprise agencies for European Communities Act purposes, following the rewrite of the original legislation into ITTOIA 2005.

• Before 6 April 2005, certain functions of the Scottish Ministers regarding local enterprise agencies under the old income tax legislation were also exercisable by the Secretary of State for purposes specified under the European Communities Act 1972.
• These functions have been rewritten into ITTOIA 2005 sections 83 (meaning of "local enterprise agency"), 84 (approval of local enterprise agencies), and 85 (supplementary provisions regarding approvals).
• The Secretary of State's ability to exercise those functions for European Communities Act purposes is preserved and continues unchanged despite the rewrite.
• This transitional provision ensures that the transfer of legislation into ITTOIA 2005 does not inadvertently remove or alter the Secretary of State's existing powers in this area.