Section 319 | Mobile telephones ^F1

(1)No liability to income tax arises by virtue of section 62 (general definition of earnings) or Chapter 10 of Part 3 (taxable benefits: residual liability to charge) in respect of the provision of one mobile telephone for an employee without any transfer of property in it.^F1

(2)In this section “mobile telephone” means telephone apparatus which—^F1

(a)is not physically connected to a land-line, and^F1

(b)is not used only as a wireless extension to a telephone which is physically connected to a land-line,^F1

or any thing which may be used in such apparatus for the purpose of gaining access to, or using, a public electronic communications service.

(3)In this section the reference to the provision of a mobile telephone includes a reference to the provision, together with the mobile telephone provided, of access to, or the use of, a public electronic communications service by means of one mobile telephone number.^F1

(4)For the purposes of subsection (2) “telephone apparatus” means wireless telegraphy apparatus designed or adapted for the primary purpose of transmitting and receiving spoken messages and used in connection with a public electronic communications service.^F1