Finance (No.2) Act 2023

Amendment of section 3 of Principal Act (Interpretation of Income Tax Acts)

84. Section 3 of the Principal Act is amended—

(a) in subsection (1), by the substitution of the following definition for the definition of “incapacitated person”:

“ ‘incapacitated person’ shall be construed in accordance with subsection (5);”,

and

(b) by the insertion of the following subsection after subsection (4):

“(5) References in the Income Tax Acts to an incapacitated person shall, except where the contrary intention appears, be construed as references to a person who is—

(a) a person who lacks capacity within the meaning of the Assisted Decision-Making (Capacity) Act 2015 , or

(b) a minor.”.