10A. Making of supply: bare trustees

Terms defined in this Act

• bare trustee

  bare trustee

  Defined · s 2

  “bare trustee” means a trustee who —(a)holds any goods, intellectual property rights or licence to use any intellectual property rights, on trust for the business of —(i)persons carrying on the business in partnership; or(ii)a person that is a club, an association, a society or an organisation;(b)has no interest in the goods, rights or licence other than that by reason of the office and legal title as trustee; and(c)has no duty to perform in relation to the goods, rights or licence, other than to act in accordance with instructions given by the persons or person (as the case may be) for any supply relating to the goods, rights or licence;

  Open s 2
• business

  business

  Defined · s 3

  “business” includes any trade, profession or vocation.(2) Without limiting anything else in this Act, the following are deemed to be the carrying on of a business:(a)the provision by any club, association, society, management corporation or organisation (for a subscription or other consideration) of the facilities or advantages available to its members or subsidiary proprietors, as the case may be;(b)the admission, for a consideration, of persons to any premises.(3) Where a body has objects which are in the public domain and are of a political, religious, philanthropic or patriotic nature, it is not to be treated as carrying on a business only because its members subscribe to it, if a subscription obtains no facility or advantage for the subscriber other than the right to participate in its management or receive reports on its activities.(4) Where a person, in the course or furtherance of a trade, profession or vocation, accepts any office, services supplied by the person as the holder of that office are treated as supplied in the course or furtherance of the trade, profession or vocation.(5) Anything done in connection with the termination or intended termination of a business is treated as being done in the course or furtherance of that business.(6) Subject to any order made under section 10(3), the disposition of a business as a going concern, or of its assets or liabilities (whether or not in connection with its re-organisation or winding up), is a supply made in the course or furtherance of that business.(7) In subsection (2),

  Open s 3
• supply

  supply

  Defined · s 2

  “supply” has the meaning given by section 10;

  Open s 2