Income Tax (Trading and Other Income) Act 2005 section 110

Meaning of "designated educational establishment"

Section 110 preserves the Secretary of State's concurrent power, alongside the National Assembly for Wales, to make regulations designating educational establishments for tax purposes where this is needed to meet EU-related obligations.

• Before 6 April 2005, both the National Assembly for Wales and the Secretary of State could make regulations defining which educational establishments qualify as "designated" for the purposes of the trade profits rules.
• The Secretary of State's power was specifically available for implementing EU obligations of the United Kingdom or enabling such obligations to be implemented.
• It also covered enabling the exercise of UK rights under the EU Treaties and dealing with matters arising from those obligations, rights, or the operation of section 2(1) of the European Communities Act 1972.
• When these powers were rewritten into section 110 of the 2005 Act, the Secretary of State's concurrent power to act for these EU-related purposes was expressly preserved.