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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading MPs, government ministers etc.

  • Section 291 Termination payments to MPs and others ceasing to hold office
  • Section 292 Accommodation expenses of MPs
  • Section 293 Overnight expenses of other elected representatives
  • Section 293A UK travel and subsistence expenses of MPs
  • Section 293B UK travel expenses of other elected representatives
  • Section 294 European travel expenses of MPs and other representatives
  • Section 295 Transport and subsistence for Government ministers etc.
  1. MPs, government ministers etc.
  2. Transport and subsistence for Government ministers etc.

Section 295 | Transport and subsistence for Government ministers etc.

From legislation.gov.uk

(1)No liability to income tax arises in respect of the provision of transport or subsistence provided or made available by or on behalf of the Crown to—

(a)the holder of a ministerial office, or

(b)a member of the family or household of the holder of a ministerial office.

(2)No liability to income tax arises in respect of payments and reimbursements by or on behalf of the Crown of expenses incurred in connection with the provision of transport or subsistence to a person within subsection (1).

(3)“Ministerial office” means—

(a)an office in Her Majesty’s Government in the United Kingdom,

(b)any other office which is one of the offices and positions in respect of which salaries are payable under section 1 of the Ministerial and other Salaries Act 1975 (c. 27), and

(c)an office under one of the following Acts which corresponds to an office within paragraph (a) or (b)—

(i)the Scotland Act 1998 (c. 46),

(ii)the Government of Wales Act 2006, orF1

(iii)the Northern Ireland Act 1998 (c. 47).

(4)In determining whether a particular person holds an office within subsection (3)(b), it is irrelevant whether or not a salary is paid or payable to that person under the Ministerial and other Salaries Act 1975.

(5)In this section references to the provision of transport to a person include references to—

(a)the provision or making available to that person of a vehicle with or without a driver,

(b)the provision of fuel for a vehicle provided or made available to that person, and

(c)the provision of any other benefit in connection with such a vehicle.

(6)In this section—

(a)“subsistence” includes food and drink and temporary living accommodation, and

(b)“vehicle” means a mechanically propelled road vehicle.

Notes

  1. F1

    Words in s. 295(3)(c)(ii) substituted (25.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), Sch. 1 para. 105

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